Treglia v. Colgate University

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered May 28, 2009 in a personal injury action. The order denied defendant’s motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he struck his head on an open window grate at defendant’s gymnasium. Supreme Court properly denied defendant’s motion seeking summary judgment dismissing the complaint. Even assuming, arguendo, that defendant met its initial…