Rosario v. Sebco I. Associates, L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about April 30, 2002, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff allegedly tripped upon a lock affixed to a sidewalk cellar door. The photographic evidence, however, indicates that the door is equipped with only one set of hasps for attaching a lock and that those hasps are situated inches from the building line, and the placement of a lock at that location would not have been actionable (see Kempe v Concourse Realty Corp., 237 App Div 708…
2Cases cited1 opinion
- Kempe v. Concourse Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1933
3Cited by2 opinions
- Pinto v. Selinger Ice Cream Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Figueroa v. GueyeAppellate Division of the Supreme Court of the State of New York · 2009