O'Sullivan v. American Golf Corp.

Summary

The Appellate Division, First Department, affirmed the denial of American Golf Corporation’s motion for summary judgment in a premises-liability action. The court held that American Golf failed to establish that the gap between cobblestones was open and obvious and not inherently dangerous, and that factual issues remained regarding its duty to maintain the parking area safely.

Holdings

1. American Golf failed to establish prima facie entitlement to summary judgment because it did not submit evidence showing as a matter of law that the gap was open and obvious and not inherently dangerous.
2. A triable issue of fact existed as to whether American Golf breached its duty to plaintiff to maintain the area in a reasonably safe condition.
3. Because American Golf failed to meet its initial burden, the burden never shifted to plaintiff, and the court need not consider the sufficiency of plaintiff's opposition papers.

Questions Presented

1. Whether American Golf established prima facie entitlement to summary judgment by proving that the gap between the cobblestones was open and obvious and not inherently dangerous.
2. Whether an issue of fact existed as to whether American Golf breached its duty to maintain the parking area in a reasonably safe condition.
3. Whether the burden shifted to plaintiff to establish a triable issue of fact.

Disposition

affirmed