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Sands v. Bonnie View On Lake George, Inc.
Citations: 230 A.D.2d 902; 646 N.Y.S.2d 855; 1996 N.Y. App. Div. LEXIS 8676
Court: Appellate Division of the Supreme Court of the State of New York; August 26, 1996; New York; State Appellate Court
In a negligence case regarding personal injuries, the defendant successfully appealed a Supreme Court, Nassau County order that had denied its motion for summary judgment to dismiss the complaint. The appellate court reversed the lower court's decision, granted the defendant's motion for summary judgment, and dismissed the complaint. The plaintiff, Sandra Sands, sustained injuries after slipping on a grassy slope on the defendant's property, which was wet from rain. The court found that the plaintiffs did not provide evidence of the defendant's negligence concerning the premises. Additionally, the plaintiff acknowledged having traversed the slope multiple times prior to the incident and was aware of the wet conditions, indicating that she assumed the risk of injury. The decision referenced prior case law to support its ruling.