Legal Opinion
Lovell v. Thompson
Appellate Division of the Supreme Court of the State of New York
Decided October 13, 2016No. 1877 303930/12PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 22, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established prima facie that they did not cause or create the defect in the stairs in their home that allegedly caused plaintiff Donna Lovell to fall and that they had no actual or constructive notice of any such defect (see Mercer v City of New York, 88 NY2d 955 [1996]; Kelly v Berberich, 36 AD3d 475 [2007], appeal withdrawn 8 NY3d 943 [2007]). They submitted evidence that the stairs…
2Cases cited5 opinions
- Mercer v. City of New YorkNew York Court of Appeals · 1996
- In the Matter of Westchester v. Board of Trustees of State University of New YorkNew York Court of Appeals · 2007
- Briggs v. 2244 Morris L.P.Appellate Division of the Supreme Court of the State of New York · 2006
- Kelly v. BerberichAppellate Division of the Supreme Court of the State of New York · 2007
- Griffith v. ETH NEP, L.P.Appellate Division of the Supreme Court of the State of New York · 2016
3Cited by3 opinions
- Jones v. AwadCalifornia Court of Appeal · 2019
- Molina v. DimonAppellate Division of the Supreme Court of the State of New York · 2019
- Suero v. Villa Maria AcademyAppellate Division of the Supreme Court of the State of New York · 2019