Legal Opinion

Chaney v. Abyssinian Baptist Church

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

Decided January 15, 1998PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about April 30, 1996, which granted defendant’s motion for summary judgment dismissing the complaint in this slip-and-fall personal injury action, unanimously affirmed, without costs.

We agree with the IAS Court that to hold that defendant created a reasonably foreseeable hazard by providing an unsecured step stool for children to access a hallway water fountain would be to stretch the concept of foreseeability beyond acceptable limits. Certainly there is no evidence that defendant had actual notice of the water that had…

2Cases cited2 opinions

  1. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  2. O'Connor-Miele v. Barhite & Holzinger, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by4 opinions

  1. Palermo v. Roman Catholic Diocese of Brooklyn, N.Y.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Green v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  3. Sanabia v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  4. Willis v. Barnes and Noble, Inc.Appellate Terms of the Supreme Court of New York · 2007

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