Legal Opinion
Chirumbolo v. 78 Exchange Street, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2016No. 521141PublishedCited by 3 opinions
1Opinion of the CourtPeters, P.J.
Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered February 9, 2015 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff commenced this action to recover for injuries sustained when she tripped on a lip created by a height differential in adjoining concrete slabs while walking on a sidewalk in front of defendant’s property in the City of Binghamton, Broome County. Following joinder of issue, defendant moved for summary judgment dismissing the complaint on the ground that the alleged defect was trivial as a matter…
2Cases cited14 opinions
- Matott v. WardNew York Court of Appeals · 1979
- Hutchinson v. Sheridan Hill House Corp.New York Court of Appeals · 2015
- Gronski v. County of MonroeNew York Court of Appeals · 2011
- Buchholz v. Trump 767 Fifth Avenue, LLCNew York Court of Appeals · 2005
- Hofmann v. Toys "R" Us — NY Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by3 opinions
- Brumm v. St. Paul's Evangelical Lutheran ChurchAppellate Division of the Supreme Court of the State of New York · 2016
- Gami v. Cornell Univ.Appellate Division of the Supreme Court of the State of New York · 2018
- Superhost Hotels Inc. v. Selective Ins. Co. of Am.Appellate Division of the Supreme Court of the State of New York · 2018