AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

MAYRA L. CASTRO, Respondent, v. VILLAGE OF DOBBS FERRY, Defendant, and ANTHONY TISI et al., Appellants.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

On February 11, 1995, the plaintiff was injured when she slipped and fell on a patch of ice located on the sidewalk directly adjacent to the driveway of the premises occupied by the appellants.

Upon the appellants' prima facie showing of entitlement to judgment as a matter of law, the plaintiff was required to tender sufficient evidence to create a triable issue of fact ( see, CPLR 3212 [b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In the present case, the plaintiff failed to raise a triable issue of fact as to whether the appellants created or exacerbated the icy condition of the sidewalk, or whether their use of the sidewalk as a driveway created the defect which was a proximate cause of the plaintiff's injuries ( see, D'Ambrosio v. City of New York, 55 N.Y.2d 454, 468; see also, Alessi v. Zapolsky, 228 A.D.2d 531; cf., Lopez v. Alexander, 251 A.D.2d 297). Accordingly, the defendants' motion for summary judgment is granted.

Pizzuto, J. P., Joy, Goldstein and Luciano, JJ., concur.

Use AI to get other relevant cases.

Comments

CASTRO v. VILLAGE OF DOBBS FERRY
(Dec 28, 1998)