Legal Opinion

Fernandez v. City of New York

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

Decided May 17, 2011PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Cynthia S. Kern, J), entered March 11, 2010, which, in an action for personal injuries allegedly sustained when a desk drawer fell on plaintiff police officer’s knee and foot as she worked at a desk at the precinct, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a *596matter of law by showing that they could not have known that the track of the drawer was not secured or that the drawer was likely to fall. The evidence demonstrated that the…

2Cases cited4 opinions

  1. Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
  2. Lusenskas v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1992
  3. Lusenskas v. AxelrodNew York Court of Appeals · 1993
  4. Escourse v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by4 opinions

  1. Johnson v. Wythe Place, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Robinson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  3. International Fin. Corp. v. Carrera Holdings Inc.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Whelan v. Buffalo Mun. Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2026

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