Legal Opinion
Moscoso v. Overlook Towers Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2014No. 13089 100759/10PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 9, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Dismissal of the negligence and Labor Law § 200 claims was proper in this action where plaintiff John Moscoso, an elevator mechanic, was injured when he slipped on ice and fell as he descended an exterior steel staircase that led from the roof of defendant’s building to the elevator motor room. Plaintiff testified that there was a freezing rain falling at time that he slipped, and “[a]…
2Cases cited5 opinions
- Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
- Abbatiello v. Lancaster Studio AssociatesNew York Court of Appeals · 2004
- Esposito v. New York City Industrial Development AgencyNew York Court of Appeals · 2003
- Esposito v. New York City Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2003
- Paucar v. SolaroAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by2 opinions
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- Diamond v. TF Cornerstone Inc.Appellate Division of the Supreme Court of the State of New York · 2023