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

MYRIAM ROTH, Respondent, v. CAMILLE F. SPLETZER, Appellant.

Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

Under the circumstances of this case, the defendant has established prima facie entitlement to summary judgment based on lack of notice, actual or constructive, of any defect of the fence which collapsed when the plaintiff leaned on it, causing her injury. The affidavits submitted by the plaintiff in opposition to the defendant's motion, including the conclusory affidavit of the plaintiffs expert, do not raise any triable issue of fact regarding such notice. Thus, the defendant is entitled to summary judgment ( see, Zuckerman v City of New York, 49 NY2d 557, 562; Mankowski v Two Park Co., 225 AD2d 673).

The plaintiffs remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

ROTH v. SPLETZER
(Feb 24, 1997)