(Download) "Cook v. Sutton" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Cook v. Sutton
- Author : Supreme Court of New York
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Memorandum: Jack Cook (plaintiff) sustained injuries when he slipped and fell, allegedly on wet grass, while leaving the backyard of defendants home. Supreme Court erred in denying defendants motion for summary judgment dismissing the complaint. A landowner may be liable for injuries resulting from a dangerous condition on the property if the landowner created the dangerous condition or had actual or constructive notice of it (see, Kuchman v Olympia & York, USA, 238 AD2d 381, 381-382). Defendants demonstrated as a matter of law that they had did not have either actual or constructive notice of the wet grass prior to plaintiffs accident, and plaintiffs failed to raise a triable issue of fact. Plaintiffs allege that defendants created the condition by placing a keg of beer in ice in their backyard. Plaintiff testified at his deposition that the beer keg was located 10 to 15 feet uphill and to the left of the spot where he fell. At their depositions, defendants denied that there was a keg of beer on their property that day.
 "Cook v. Sutton" by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}