You are here: / / CHAIN ACROSS DRIVEWAY WAS NOT “OPEN AND OBVIOUS” AS A MATTER...

CHAIN ACROSS DRIVEWAY WAS NOT “OPEN AND OBVIOUS” AS A MATTER OF LAW; DEFENDANT’S SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED.

The Second Department, reversing Supreme Court, determined a chain hanging across a driveway from two yellow posts was not “open and obvious” as a matter of law. Plaintiff allegedly tripped over the chain on a dark and rainy night. Defendant’s motion for summary judgment, therefore, should not have been granted:

While a possessor of real property has a duty to maintain that property in a reasonably safe condition … , there is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous … . The issue of whether a dangerous condition is open and obvious is fact-specific, and usually a question of fact for a jury … . “Whether a hazard is open and obvious cannot be divorced from the surrounding circumstances” … . “A condition that is ordinarily apparent to a person making reasonable use of his or her senses may be rendered a trap for the unwary where the condition is obscured or the plaintiff is distracted” … .

Here, contrary to the Supreme Court’s determination, the defendant failed to establish, prima facie, that the chain was open and obvious, i.e., readily observable by those employing the reasonable use of their senses, given the conditions at the time of the accident … . Lazic v Trump Vil. Section 3, Inc., 2015 NY Slip Op 09075, 2nd Dept 12-9-15

MONTHLY COMPILATION INDEX ENTRIES FOR THIS CASE:

NEGLIGENCE (CHAIN ACROSS DRIVEWAY NOT OPEN AND OBVIOUS AS MATTER OF LAW)/OPEN AND OBVIOUS CONDITION (CHAIN ACROSS DRIVEWAY NOT OPEN AND OBVIOUS AS A MATTER OF LAW)

You might also like
A SELLER WHO BREACHES OR SABOTAGES A REAL ESTATE PURCHASE AGREEMENT CANNOT RELY ON REMEDY LIMITATION CLAUSES TO PRECLUDE A BUYER’S ACTION FOR SPECIFIC PERFORMANCE (SECOND DEPT).
ALTHOUGH THE PARTIES WERE DIVORCED IN COLORADO, THEY AND THEIR CHILDREN RESIDE IN NEW YORK; THE SUPPORT MAGISTRATE SHOULD NOT HAVE APPLIED COLORADO LAW IN DETERMINING FATHER’S SUPPORT OBLIGATION (SECOND DEPT).
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS’ LABOR LAW 240(1), 241(6) AND 200 CAUSES OF ACTION SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
Assault in Medical Facility, Spoliation of Evidence.
ALTHOUGH DEFENDANT WAS PROPERLY DETAINED, ONCE THE PAT-DOWN SEARCH REVEALED DEFENDANT DID NOT HAVE A WEAPON THE POLICE WERE NOT JUSTIFIED IN REMOVING THE (STOLEN) WALLET FROM DEFENDANT’S POCKET AND SEARCHING IT; THE ERROR WAS NOT HARMLESS UNDER THE STANDARD FOR CONSTITUTIONAL ERROR (SECOND DEPT).
PROSECUTORIAL MISCONDUCT REQUIRED REVERSAL, DETAILED EXPLANATION OFFERED.
MOTION TO SET ASIDE VERDICT IN THIS PERSONAL INJURY CASE WAS PROPERLY GRANTED, PLAINTIFF, A SCHOOL BUS MATRON INJURED ON THE BUS, DID NOT HAVE A SPECIAL RELATIONSHIP WITH THE SCHOOL DISTRICT.
THE IMMUNITY CONFERRED ON HEALTHCARE PROVIDERS DURING THE COVID PANDEMIC CAN BE BASED ON THE OVERALL STRAIN ON THE OVERWHELMED HEALTHCARE SYSTEM; ALTHOUGH THE DEFENDANTS IN THIS MED MAL CASE MAY DEMONSTRATE ENTITLEMENT TO IMMUNITY AS THE CASE PROGRESSES, THEY DID NOT DEMONSTRATE ENTITLEMENT TO IMMUNITY AS A MATTER OF LAW SUCH THAT THE COMPLAINT SHOULD BE DISMISSED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

NOTE WITH 12% INTEREST RATE FOR LESS THAN A YEAR WAS USURIOUS. COMMISSIONER OF MOTOR VEHICLES HAS THE POWER TO DENY RELICENSING TO DRIVER CONVICTED...