Legal Opinion

Devlin v. Ikram

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

Decided February 13, 2013Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated November 9, 2011, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the defendants, in support of their motion for summary judgment dismissing the complaint, failed to establish, prima facie, that the condition identified by the plaintiff as the cause of her fall in their parking lot was trivial and not actionable as a matter of law…

2Cases cited15 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
  3. Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
  4. Perez v. 655 Montauk, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. Salomon v. PrainitoAppellate Division of the Supreme Court of the State of New York · 2008

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