Legal Opinion

Salazar v. Fives 160th LLC

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

Decided January 19, 2012PublishedCited by 4 opinions

1Opinion of the Court

*524Plaintiff seeks damages for injuries sustained when he received an electric shock upon opening the front door of defendant 99<t store. The store was operated by defendant Daska, pursuant to a lease with the owner, defendant Fives, which employed defendant Beachlane to manage the building.

The owner and managing agent made a prima facie showing of entitlement to judgment as a matter of law by submitting the lease and deposition testimony. In response, plaintiff failed to raise a triable issue of fact. The record establishes, by the terms of the lease and the conduct of the parties, that the…

2Cases cited5 opinions

  1. Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
  2. Pavon v. RudinAppellate Division of the Supreme Court of the State of New York · 1998
  3. Lopez v. 1372 Shakespeare Avenue Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  4. McDonald v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Green v. Fox Island Park Autobody, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. Padilla v. Hope W. 118th Hous. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  2. Roman v. 233 Broadway Owners, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Drame v. 1650 Bushwick Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Roman v. 233 Broadway Owners, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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