Pellicane v. Lambda Chi Alpha Fraternity, Inc.Pellicane v. Lambda Chi Alpha Fraternity, Inc.
The plaintiff was a member of the defendant Theta Upsilon Zeta of Lambda Chi Alpha (hereinafter the local chapter), the local chapter of the codefendant Lambda Chi Alpha Fraternity, Inc. (hereinafter the national fraternity). The plaintiff was injured when he stepped on a nail protruding from a floor board that had been placed on a pile of debris in the backyard of the fraternity house by a member of the local chapter during renovation of the kitchen floor. The renovation was
On a motion for summary judgment, once the defendant has made a prima facie showing that the cause of action has no merit, the burden shifts to the plaintiff to lay bare whatever evidence it may have to show that issues of fact exist (see, GTF Mktg. v Colonial Aluminum Sales,
The cause of action asserted against the local chapter was also properly dismissed as there was no duty to warn the plaintiff against the obvious potential danger presented by the pile of debris from the renovation project (see, Jackson v Supermarkets Gen. Corp.,
The plaintiffs remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., O’Brien, Joy and Goldstein, JJ., concur.