Legal Opinion
Wexler v. Ogden Cap Properties, LLC
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 2017No. 5009 151058/14PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Debra A. James, J.), entered January 13, 2017, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Defendants established their prima facie entitlement to judgment as a matter of law by submitting climatological records and a meteorologist’s affidavit showing that there was a winter storm in progress at the time that plaintiff slipped and fell on ice on the sidewalk in front of defendants’ building (see…
2Cases cited3 opinions
- Pipero v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Krutz v. Betz Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Levene v. No. 2 West 67th Street, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
3Cited by5 opinions
- De Jesus v. Roban Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Eduardo v. Webster Equities LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Encarnacion v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2018
- Patterson v. 786 E. 182 LLCAppellate Division of the Supreme Court of the State of New York · 2025
- Rosario v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2019