Ober v. Rye Town Hilton
Court: Appellate Division of the Supreme Court of the State of New York; June 12, 1995; New York; State Appellate Court
In a personal injury action, the plaintiffs appealed an order from the Supreme Court of Westchester County that granted the respondent's motion for summary judgment and denied the plaintiffs' cross motion for further discovery. The appellate court affirmed the lower court's order, concluding that the plaintiffs did not demonstrate a factual issue regarding the existence of a defect in an armored telephone cord on a public pay telephone at the respondent’s hotel. Specifically, there was no evidence that the defect had existed long enough for the respondent to have acquired knowledge of it through reasonable care, referencing the precedent set in Gordon v American Museum of Natural History. Additionally, the court found that the denial of the plaintiffs' request for further discovery was appropriate under CPLR 3212 and supported by case law. The decision was unanimous among the justices involved.