Legal Opinion
Torres-Martinez v. Macy's, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2017No. 2380 300882/10PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered on or about June 12, 2015, which granted defendants’ motions for summary judgment dismissing the complaint and all cross claims against them, unanimously affirmed, without costs.
Defendants established prima facie that they had no notice of the allegedly defective condition of the escalator, and plaintiff failed to raise a triable issue of fact. Macy’s operations manager and ThyssenKrupp’s elevator mechanic both testified that they did not receive any reports of the escalators shaking or stopping and starting before the date…
2Cases cited9 opinions
- Santoni v. Bertelsmann Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Gjonaj v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Ezzard v. One E. Riv. Place Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Chunhye Kang-Kim v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Vasquez v. RectorAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by5 opinions
- Ramjohn v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2017
- Aponte v. Bronx Preserv. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Aponte v. Bronx Preserv. Hous. Dev. Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Pui Kum Ng Lee v. Chatham Green, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Swanson v. Schindler Elevator CorporationDistrict Court, S.D. New York · 2024