Legal Opinion

Barraillier v. City of New York

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

Decided November 4, 2004PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Michael D. Stall-man, J), entered April 9, 2004, which denied defendant Bovis Lend Lease LMB’s motion for summary judgment dismissing the complaint and any cross claims against it, unanimously affirmed, without costs.

*169Bovis failed to establish that there were no issues of fact concerning its contract to perform or supervise any construction work in the area where plaintiff tripped and fell (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Bovis did not set forth a prima facie showing of entitlement to summary judgment because the supporting…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Dempsey v. Intercontinental Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Piccinich v. New York Stock Exchange, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Gauchan v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by4 opinions

  1. Great Am. Ins. Co. v. Auto Mkt. of Jamaica, N.Y.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Arias v. Skyline Windows, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. 2132 Presidential Assets, LLC v. CarrasquilloCivil Court of the City of New York · 2013
  4. Residential Credit Solutions, Inc. v. GouldAppellate Division of the Supreme Court of the State of New York · 2019

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