Kimen v. False Alarm, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff allegedly sustained injuries when she fell at premises allegedly owned by the defendants False Alarm, Ltd. (hereinafter False Alarm), and Jay Weitzman, and leased to the defendant Cholo Operating, LLC (hereinafter Cholo). The plaintiff fell from the platform area of an interior entrance ramp she referred to as the “upper mezzanine” area, which was about 97 inches wide, 176 inches long, and about 16 feet above the ground. This platform area was made out of plywood, and it abutted and was flush with the top of a roll-up metal gate. There was no barrier of any kind surrounding this…
2Cases cited15 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Basso v. MillerNew York Court of Appeals · 1976
- Jacqueline S. v. City of New YorkNew York Court of Appeals · 1993
- Tagle v. JakobNew York Court of Appeals · 2001
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3Cited by5 opinions
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- Bouima v. Dacomi, Inc.Appellate Terms of the Supreme Court of New York · 2010
- Austin v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2014