Legal Opinion

DaSilva v. KS Realty, L.P.

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 2016No. 16077 305435/10PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered May 20, 2014, which granted the motion of defendants KS Realty, L.P., and Steven Klein for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff alleges that he fell in his apartment because of the sloping condition of the hallway floor, which caused his desk chair to roll. Defendants made a prima facie showing that the slope of the apartment floor was a trivial defect, not a trap or dangerous condition (see Leon v Alcor Assoc., L.P., 96 AD3d 635, 635 [1st Dept 2012]; Marcus v…

2Cases cited4 opinions

  1. Matapos Technology Ltd. v. Compania Andina de Comercio LtdaAppellate Division of the Supreme Court of the State of New York · 2009
  2. Acunia v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2009
  3. DaSilva v. KS Realty, L.P.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Marcus v. Namdor, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by6 opinions

  1. Silber v. Sullivan Props., L.P.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Alonzo v. 215 Audubon Ave. Hous. Dev. FundAppellate Division of the Supreme Court of the State of New York · 2020
  3. Alonzo v. 215 Audubon Ave. Hous. Dev. FundAppellate Division of the Supreme Court of the State of New York · 2020
  4. Donsimoni v. FallAppellate Division of the Supreme Court of the State of New York · 2017
  5. Lardoutsos v. Lowe's Home ImprovementDistrict Court, E.D. New York · 2023

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