FEMENELLA v. PELLEGRINI VINEYARDS, LLC


16 A.D.3d 546 (2005)

792 N.Y.S.2d 122

MARIA FEMENELLA et al., Appellants, v. PELLEGRINI VINEYARDS, LLC, Respondent, et al., Defendant. (And a Third-Party Action.)

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

March 21, 2005.


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiffs contend that the Supreme Court erred in granting the motion of the defendant Pellegrini Vineyards, LLC (hereinafter Pellegrini), for summary judgment dismissing the complaint insofar as asserted against it. We agree. Pellegrini failed to establish its prima facie entitlement to judgment as a matter of law. The plaintiffs allege that Pellegrini created an unsafe condition...

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