Legal Opinion

De Los Santos v. Amsterdam Apartments Manager, LLC

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

Decided June 28, 2011PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered July 23, 2009, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

“Viewing the evidence in a light most favorable to plaintiff’ (Roth Law Firm, PLLC v Sands, 82 AD3d 675, 676 [2011]) and drawing all inferences in her favor “as we are bound to do” (Cruz v American Export Lines, 67 NY2d 1,13 [1986], cert denied 476 US 1170 [1986]), triable issues of fact exist regarding whether the rooftop door was defective, preventing plaintiff…

2Cases cited5 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Cruz v. American Export Lines, Inc.New York Court of Appeals · 1986
  3. Roth Law Firm, PLLC v. SandsAppellate Division of the Supreme Court of the State of New York · 2011
  4. De Los Santos v. Amsterdam Apartments Manager, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. Salmon v. Wendell Terrace Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by1 opinion

  1. Feliz v. Daka Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2014

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