Legal Opinion

Melendez v. New York City Housing Authority

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

Decided November 10, 2005PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered July 30, 2004, which granted defendant building owner’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s admission that she never saw what it was that caused her to slip renders her claim that it was food debris, a condition she had observed in the stairwell on previous visits to the building, mere speculation. In any event, assuming that it was a food debris/oily substance hazard that caused plaintiff to fall, there is no evidence tending to show that defendant created *212or had…

2Cases cited2 opinions

  1. Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
  2. Rivera v. 2160 Realty Co.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by2 opinions

  1. Arce v. 1704 Seddon Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Torres v. Washington Heights Business Improvement District Management Ass'nAppellate Division of the Supreme Court of the State of New York · 2008

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