Bolek-Gawin v. White Plains Kensington, LLC

Summary

The Appellate Division, First Department reversed an order granting defendants summary judgment in a personal-injury action arising from a patio umbrella striking the plaintiff. The court held that conflicting evidence regarding defendants' practice of removing umbrellas on windy days created a triable issue of fact as to whether the accident was foreseeable and whether defendants' conduct constituted actionable negligence.

Holdings

1. Defendants were not entitled to summary judgment because plaintiff raised a triable issue of fact concerning whether the accident was foreseeable.
2. Plaintiff raised a triable issue of fact as to whether defendants' failure to secure the patio umbrella constituted actionable negligence.

Questions Presented

1. Whether defendants were entitled to summary judgment on the ground that plaintiff's accident was not foreseeable.
2. Whether plaintiff raised a triable issue of fact as to whether defendants' failure to secure the patio umbrella constituted actionable negligence.

Disposition

reversed