Shutak v. Handler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
The issue is whether the IAS Court properly granted defendants’ summary judgment motion, dismissing the complaint on the ground that plaintiff failed to raise a triable issue of fact as to whether her act of climbing onto a chair and attempting to burst a plaster bubble on her apartment ceiling with a broom handle, resulting in her falling and sustaining injuries, was a normal, foreseeable consequence of the situation created by defendants’ negligence in failing to repair the ceiling after several complaints.
Plaintiff rented an apartment at a building located at…
2Cases cited6 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Boltax v. Joy Day CampNew York Court of Appeals · 1986
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
- Martinez v. LazaroffNew York Court of Appeals · 1979
- Lynch v. Bay Ridge Obstetrical & Gynecological AssociatesNew York Court of Appeals · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jackson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Dumbadze v. SchwattAppellate Division of the Supreme Court of the State of New York · 2002
- Griffith v. Southbridge Towers, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Spathos v. Gramatan Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Gomez v. HicksAppellate Division of the Supreme Court of the State of New York · 2006
9 more not listed; retrieve them via the Exa API.