LARUSSA v. SHELL OIL COMPANY


283 A.D.2d 403 (2001)

724 N.Y.S.2d 459

BRIAN LARUSSA et al., Appellants, v. SHELL OIL COMPANY et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 7, 2001.


Ordered that upon searching the record, the order is modified, on the law, by adding thereto a provision granting summary judgment in favor of the defendants dismissing the complaint; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff Brian Larussa alleged that he slipped and fell on a "curb cut" owned or maintained by the defendants, which had been rendered dangerous as a result of the application of white enamel paint. The plaintiffs...

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