Legal Opinion
Ettari v. 30 Rampasture Owners, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2005PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Seidell, J.H.O.), dated July 16, 2003, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The fact that the ice and snow in the driveway area where the plaintiff allegedly fell was open and obvious does not preclude a finding of liability, but rather raises a triable issue of fact regarding comparative negligence (see Cupo v Karfunkel, 1 AD3d 48 [2003]; Luksch v Blum-Rohl Fishing Corp., 3 AD 3d 475…
2Cases cited8 opinions
- Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
- Massucci v. Amoco Oil Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Rosenbloom v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Grgich v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Malley v. Alice Hyde Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 2002
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baines v. G&D Ventures, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Denardo v. ZiatykAppellate Division of the Supreme Court of the State of New York · 2012
- Sewitch v. LaFreseAppellate Division of the Supreme Court of the State of New York · 2007
- Dillard v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
- Dillard v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2013