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Pastors v. Town of HarrisonPastors v. Town of Harrison

Appellate Division of the Supreme Court of the State of New York
Dec 9, 2008
Versions:57 A.D.3d 636
868 N.Y.2d 543

In opposition to the plaintiff‘s prima facie showing that the defect which caused her trip-and-fall accident was created by the defendant‘s negligence in repairing the roadway in question (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]), the defendant failed to raise a triable issue of fact (see CPLR 3212 [b]). Furthermore, proof that a dangerous condition is open and obvious does not preclude a finding of negligence against a landowner for the failure to maintain the property in a safe condition, but is relevant on the issue of the plaintiff‘s comparative negligence (see Cupo v Karfunkel, 1 AD3d 48, 52 [2003]). Accordingly, the Supreme Court properly awarded summary judgment to the plaintiff on the issue of the defendant‘s negligence.

Fisher, J.P., Angiolillo, Dickerson and Belen, JJ., concur.

Case Details

Case Name: Pastors v. Town of Harrison
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 9, 2008
Citations: 57 A.D.3d 636; 868 N.Y.2d 543
Court Abbreviation: N.Y. App. Div.
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