Legal Opinion

Acosta v. Josco Realty Co.

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

Decided October 8, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered May 22, 2012, which, to the extent appealed from, denied defendants Josco Realty Co., LLC’s and 1452 Beach Avenue Real Estate Inc.’s motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants failed to establish prima facie that they did not breach their duty to maintain their premises in a reasonably safe manner (see Boderick v R.Y. Mgt. Co., Inc., 71 AD3d 144, 147 [1st Dept 2009]). The infant plaintiff was injured while playing on a portable basketball unit in the…

2Cases cited3 opinions

  1. Boderick v. R.Y. Management Co.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Holtslander v. C. W. Whalen & SonsAppellate Division of the Supreme Court of the State of New York · 1987
  3. Holtslander v. C. W. Whalen & SonsNew York Court of Appeals · 1988

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