AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

DEAN M. HOGAN, Respondent, v. JEANNIE BAKER, Appellant.

Ordered that the order is affirmed, with costs.

The plaintiff's decedent was walking on the defendant's unpaved driveway when one of the rocks in the driveway caused her to fall. The defendant allegedly placed rocks in the driveway several years before the accident, to serve as the base of the driveway before it was paved, but never paved the driveway.

The defendant failed to establish her prima facie entitlement to summary judgment since she did not show that she met her duty as a property owner to maintain her premises in a reasonably safe manner ( see Basso v. Miller, 40 NY2d 233; Tulovic v. Chase Manhattan Bank, 309 AD2d 923). Additionally, the alleged open and obvious nature of the condition only raised a triable issue of fact as to the comparative fault of the plaintiff's decedent ( see Cupo v. Karfunkel, 1 AD3d 48).

Use AI to get other relevant cases.

Comments

HOGAN v. BAKER
(May 16, 2006)