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DeStefano v. Gutterman-Warheit Realty Corp.
Citations: 237 A.D.2d 245; 655 N.Y.S.2d 392; 1997 N.Y. App. Div. LEXIS 2191
Court: Appellate Division of the Supreme Court of the State of New York; March 2, 1997; New York; State Appellate Court
In a negligence case regarding personal injuries, defendants Gutterman-Warheit Realty Corp. and Gutterman’s, Inc. appealed a March 6, 1996 order from the Supreme Court, Nassau County. The appeal was limited to the denial of Gutterman’s, Inc.'s motion for summary judgment to dismiss the complaint and cross claims against it. The court dismissed the appeal from Gutterman-Warheit Realty Corp. as it was not aggrieved by the order. The court affirmed the order concerning Gutterman’s, Inc., concluding that factual disputes existed regarding the cause of an ice patch that allegedly led to Peter DeStefano's fall and whether reasonable care was exercised in maintaining the premises. As a result, the motion for summary judgment was properly denied. The plaintiffs-respondents were awarded costs to be paid by the appellants. Judges O’Brien, Thompson, Joy, and Florio concurred with the decision.