Legal Opinion

Schwartz v. Hersh

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

Decided April 22, 2008PublishedCited by 19 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated February 7, 2007, which denied her motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

The injured plaintiff allegedly fell when he “missed” the last step of a staircase he was descending in a building owned by the defendant. The injured plaintiff alleged that the handrail on the left side of the…

2Cases cited5 opinions

  1. Mokszki v. PrattAppellate Division of the Supreme Court of the State of New York · 2004
  2. Walker v. 127 West 22nd Street AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
  3. Salerno v. Street Retail, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Dooley v. Vornado Realty TrustAppellate Division of the Supreme Court of the State of New York · 2007
  5. Weiss v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by19 opinions

  1. Fishelson v. Kramer Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Losciuto v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Cusumano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  4. Smith v. South Bay Home Ass'nAppellate Division of the Supreme Court of the State of New York · 2013
  5. Zeolla v. Town of StanfordAppellate Division of the Supreme Court of the State of New York · 2015

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