[Download] "Silva v. Village Square of Penna" by Appellate Division, Third Department New York Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Silva v. Village Square of Penna
- Author : Appellate Division, Third Department New York Supreme Court
- Release Date : January 25, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiffs commenced this action to recover for injuries sustained by plaintiff Hattie Silva (hereinafter plaintiff) in a fall she sustained on May 20, 1994 while she was leaving the Desmond Americana hotel in the Town of Colonie, Albany County. The theory underlying plaintiffs claim of liability is that defendants were negligent in connection with the installation and maintenance of a covered carpeted walkway which extended from the hotels main entrance to the parking lot. Following joinder of issue, defendants moved for summary judgment dismissing the complaint based primarily upon plaintiffs candid deposition testimony that neither of them knew what caused plaintiff to fall. Plaintiffs opposed the motion with an affidavit and supplemental documentary evidence from an architect who opined that the raised edging around the carpet and the location of the carpet edge relative to the parking lot curb created a tripping hazard. Supreme Court granted defendants motion and dismissed the complaint. Plaintiffs appeal.