Legal Opinion
Matas v. Clark & Wilkins Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2009PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Louis B. York, J.), entered March 26, 2008, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Through the testimony of its vice-president of operations that he was aware of no complaint about the fence before it allegedly fell onto plaintiff and the statement of its treasurer that the company had no record of any similar incidents in the two years preceding plaintiffs accident, defendant, a general contractor that performed maintenance on the fence, established prima facie that it did not…
2Cases cited3 opinions
- Amaya v. Denihan Ownership Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Marszalkiewicz v. Waterside Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Masucci-Matarazzo v. HoszowskiAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by5 opinions
- Ravagnan v. One Ninety Realty Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Dixon v. Sum Realty, Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Dixon v. Sum Realty, Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Martinez v. 560-568 Audubon Realty LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Martinez v. 560-568 Audubon Realty LLCAppellate Division of the Supreme Court of the State of New York · 2021