Bergen v. Carlin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff Joan Bergen (hereinafter the plaintiff) alleged that she slipped on Gertrude Fleckel’s snow-and-ice-covered, unpaved driveway, injuring herself. Fleckel moved for summary judgment dismissing the complaint, inter alia, on the ground that the driveway was reasonably safe under the circumstances.
*693A property owner has an obligation to maintain his or her property in a reasonably safe condition (see Di Ponzio v Riordan, 89 NY2d 578, 582; Basso v Miller, 40 NY2d 233). The measure of liability is foreseeability, which depends on the likelihood of the injured party’s presence in light of…
2Cases cited7 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- Simmons v. Metropolitan Life InsuranceNew York Court of Appeals · 1994
- Moriello v. Stormville Airport Antique Show & Flea Market, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Gam v. Pomona Professional CondominiumAppellate Division of the Supreme Court of the State of New York · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Olivieri v. GM Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Denardo v. ZiatykAppellate Division of the Supreme Court of the State of New York · 2012
- Furey v. United StatesDistrict Court, N.D. New York · 2006
- Soon Rae Kim v. Caesar Chemists, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Gannon v. All Car Movers, Ltd.Appellate Division of the Supreme Court of the State of New York · 2005
3 more not listed; retrieve them via the Exa API.