Legal Opinion
Fernandez v. VLA Realty, LLC
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2007PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered August 22, 2006, which granted defendant VLA Realty’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff allegedly slipped while ascending an exterior staircase in defendants’ building. However, his failure to identify the cause of his fall at his deposition was fatal to his case under the circumstances presented (see Pena v Women’s Outreach Network, Inc., 35 AD3d 104, 109 [2006]; D’Ambra v New York City Tr. Auth., 16 AD3d 101 [2005]). Issues of fact and credibility are not…
2Cases cited3 opinions
- Phillips v. Bronx Lebanon HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Pena v. Women's Outreach Network, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- D'Ambra v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by8 opinions
- Digiantomasso v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Rollins v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2009
- Tomaino v. 209 East 84th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Washington v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2012
- Dixon v. Sum Realty, Co.Appellate Division of the Supreme Court of the State of New York · 2021
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