Appellate Division of the Supreme Court of New York, 1991

Browarek v. Pfalzer

Browarek v. Pfalzer
Appellate Division of the Supreme Court of New York · Decided June 7, 1991
174 A.D.2d 1054
Browarek v. Pfalzer

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment in favor of defendants George Coniber and Margaret Coniber, the owners of the field where the accident occurred. There is no evidence to suggest that they knew or should have known of the necessity to control the conduct of those on their premises. Further, there is no showing that the Conibers were aware of any unreasonable risk to others created by the muddy condition of the property (see, Goslin v La Mora, 137 AD2d 941). (Appeals from Order of Supreme Court, Erie County, Fudeman, J.—Summary Judgment.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.

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