Christoforou v. Lown

I disagree with the conclusion reached by my colleagues and would grant the motion pursuant to CPLR 5602 (a) for permission to appeal to the Court of Appeals. In my view, the issues raised are sufficiently novel and unique so as to warrant further review by our highest court.

The majority reversed and vacated the judgment entered on a jury verdict in favor of plaintiffs and dismissed the complaint, concluding, as a matter of law, that plaintiffs did not establish a prima facie case of negligence and that expert testimony was required to prove the inadequacy of the lighting in the hallway (120…