Legal Opinion

Tompa v. 767 Fifth Partners, LLC

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

Decided January 16, 2014Published

1Opinion of the Court

Defendant established its entitlement to judgment as a matter of law in this action in which plaintiff alleges that she slipped and fell on a thin sheet of ice on the plaza in front of defendant’s building. Defendant submitted evidence — including testimony from the building’s security director and from the operations manager of third-party defendant Temco Service Industries, Inc., which provided cleaning and janitorial services — showing that defendant neither created nor had notice of the icy condition of the plaza.

Additionally, there is no evidence that defendant had actual or constructive…

Also in this document: Dissent.

2Cases cited18 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  3. Brill v. City of New YorkNew York Court of Appeals · 2004
  4. Bernstein v. City of New YorkNew York Court of Appeals · 1987
  5. San Marco v. Village/Town of Mount KiscoNew York Court of Appeals · 2010

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