Williams v. Chenango Cnty. Agric. Soc'y, Inc., 272 A.D.2d 906 (N.Y. App. Div. 2000). · Go Syfert
Williams v. Chenango Cnty. Agric. Soc'y, Inc., 272 A.D.2d 906 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: Gorman v. Mooney's 9 (nyappdiv, 2025-06-06)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Gorman v. Mooney's 9
N.Y. App. Div. · 2025 · confidence medium
Socy. , 272 AD2d 906, 906-907 [4th Dept 2000]).
discussed Cited as authority (rule) In re the Estate of Bodkin
N.Y. App. Div. · 2015 · confidence medium
To the extent that objectants raise additional grounds for disqualification for the first time on appeal, we conclude that those grounds are not preserved for our review (see Smothers v County of Erie, 272 AD2d 906, 906 [2000]; Nemia v Nemia, 124 AD2d 407, 408 [1986], lv denied 69 NY2d 611 [1987]).
discussed Cited as authority (rule) In re the Estate of Bodkin
N.Y. App. Div. · 2015 · confidence medium
To the extent that objectants raise additional grounds for disqualification for the first time on appeal, we conclude that those grounds are not preserved for our review (see Smothers v County of Erie, 272 AD2d 906, 906 [2000]; Nemia v Nemia, 124 AD2d 407, 408 [1986], lv denied 69 NY2d 611 [1987]).
cited Cited as authority (rule) Pelow v. Tri-Main Development
N.Y. App. Div. · 2003 · confidence medium
Socy., 272 AD2d 906, 906-907 [2000]; see also Holl v Holl, 270 AD2d 864 [2000]).
discussed Cited "see, e.g." Dominguez v. Community Health Plan of Suffolk, Inc.
N.Y. App. Div. · 2001 · signal: see also · confidence low
The Supreme Court’s conclusory assertions and speculation as to the existence of a conflict of interest given the mere fact of multiple representation was insufficient to warrant disqualification (see, Olmoz v Town of Fishkill, supra; see also, Smothers v County of Erie, 272 AD2d 906 ).
Retrieving the full opinion text from the archive…
Dorothy H. Williams
v.
Chenango County Agricultural Society, Inc.
Appellate Division of the Supreme Court of the State of New York.
May 10, 2000.
272 A.D.2d 906
Cited by 5 opinions  |  Published

—Order and judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Plaintiffs commenced this action to recover for personal injuries allegedly sustained by Dorothy H. Williams (plaintiff) when she tripped and fell on premises owned by defendant Chenango County Agricultural Society, Inc. and occupied by defendants Antique Automobile Club of America, Inc. and Rolling Antiquers Antique Car Club. Supreme Court properly granted defendants’ motion insofar as it sought summary judgment dismissing that part of the complaint alleging that defendants were negligent in failing to warn of the allegedly defective condition of the premises. Defendants had no duty to warn of the open and obvious condi[*907] tion of the premises (see, Holl v Holl, 270 AD2d 864; Coote v Niagara Mohawk Power Corp., 234 AD2d 907, 908-909). The court erred, however, in granting defendants’ motion insofar as it sought summary judgment dismissing the complaint in its entirety. Contrary to defendants’ contention, the fact that the defect was open and obvious does not negate defendants’ duty to keep the premises reasonably safe (see, Vereerstraeten v Cook, 266 AD2d 901; Tenebruso v Toys “R” Us-NYTEX, 256 AD2d 1236, 1237; Crawford v Marcello, 247 AD2d 907). The court further erred in determining that plaintiffs failed to adduce proof in admissible form that plaintiff actually fell because of the “alleged long grass” and that she was “unsure what actually caused her to fall.” The deposition of plaintiff is sufficiently definite to establish the cause of her fall. In any event, defendants failed to meet their initial burden of establishing that they were free from negligence in the manner in which they maintained the grounds (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). At the least, there are triable issues of fact concerning which defendants were in control of the location and responsible for failing to mow the area and locating handicapped parking there and whether such alleged conduct was negligent.

We modify the order and judgment, therefore, by denying the motion in part and reinstating the complaint except insofar as it alleges negligent failure to warn. (Appeal from Order and Judgment of Supreme Court, Onondaga County, Major, J.— Summary Judgment.) Present — Pigott, Jr., P. J., Hayes, Scudder, Kehoe and Balio, JJ.