Legal Opinion
Lumpkin v. 3171 Rochambeau Ave, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 2017No. 3273 306647/08PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about March 17, 2016, which denied defendant Quality Construction’s motion for summary judgment dismissing the complaint as against it, unanimously modified, on the law, to the extent of dismissing the claim that Quality Construction’s negligence in providing adequate illumination at the subject location proximately caused the accident, and otherwise affirmed, without costs.
Triable issues of fact exist as to whether Quality Construction created the complained-of danger by failing to erect barricades around its work site…
2Cases cited4 opinions
- Gaffney v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2003
- Fernandez v. RutmanAppellate Division of the Supreme Court of the State of New York · 2014
- Beard v. Themed Restaurants Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Hanrahan v. Whiting Turner Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Haibi v. 790 Riverside Drive Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Haibi v. 790 Riverside Drive Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Naftaliyeva v. Shoprite of Ave. IAppellate Division of the Supreme Court of the State of New York · 2024
- Nobile v. TrawinskiAppellate Division of the Supreme Court of the State of New York · 2020