Moran v. County of Dutchess
Cases that cite this one
7 later published cases cite this decision.
- Negin v. New York Aquarium (Appellate Division of the Supreme Court of New York 2004)
- Tresgallo v. Danica, L. L. C. (Appellate Division of the Supreme Court of New York 2001)
- Germain v. Hegedus (Appellate Division of the Supreme Court of New York 2001)
- Dominitz v. Food Emporium, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Campanaro v. Arizona Lipnob Estates, Inc. (Appellate Division of the Supreme Court of New York 1999)
- Bellofatto v. Frengs (Appellate Division of the Supreme Court of New York 1998)
- Boehme v. Fabrics (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal (1) from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated February 7, 1996, which granted the defendant’s motion for summary judgment dismissing the complaint, and (2) from so much of an order of the same court, dated April 2, 1996, as upon reargument and renewal, adhered to its original determination.
Ordered that the appeal from the order dated February 7, 1996, is dismissed, as that order was superseded by the order dated April 2, 1996, made upon reargument and renewal; and it is further,
Ordered that the order dated April 2, 1996, is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
The court correctly granted the defendant’s motion for summary judgment since the monument over which the infant plaintiff fell was readily observable by a reasonable use of one’s senses (see, Bombard v Central Hudson Gas & Elec. Co., 205 AD2d 1018, 1020; Zawacki v Town of N. Hempstead, 184 AD2d 697; Zaffris v O’Loughlin, 184 AD2d 696). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.