Legal Opinion

Mahoney v. Affrunti

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 2002PublishedCited by 4 opinions

1Opinion of the Court

The defendants Alfred Affrunti and Yvonne C. Affrunti, doing business as Village Chair & Wares, failed to make a prima facie showing that their snow removal efforts did not cause, create, or otherwise increase the allegedly hazardous icy and snowy condition of the sidewalk where the plaintiff James Ma-honey fell (see Lopez v City of New York, 290 AD2d 539; Mejia v City of New York, 272 AD2d 453; Fezza v Rogers, 167 AD2d 599). Accordingly, the Supreme Court erred in granting that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.…

2Cases cited3 opinions

  1. Lopez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  2. Fezza v. RogersAppellate Division of the Supreme Court of the State of New York · 1990
  3. Mejia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. Olivieri v. GM Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2007
  2. Salvanti v. Sunset Industrial Park AssociatesAppellate Division of the Supreme Court of the State of New York · 2006
  3. Karalic v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Williams v. KJAEL Corp.Appellate Division of the Supreme Court of the State of New York · 2007

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