Legal Opinion
Almonte v. 638 West 160 LLC
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 2016No. 1060 304912/11PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 18, 2015, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant failed to make a prima facie showing of its entitlement to judgment as a matter of law (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Plaintiff testified at his deposition that he slipped due to a loose step on a stairway in a building owned by defendant. Any ambiguity in his testimony as to the cause of his fall is attributable to his attempt at humor and to…
2Cases cited4 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Rodriguez v. Leggett Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by2 opinions
- Lonigro v. WFP Tower B. Co. L.P.Appellate Division of the Supreme Court of the State of New York · 2021
- Lonigro v. WFP Tower B. Co. L.P.Appellate Division of the Supreme Court of the State of New York · 2021