Legal Opinion
DaSilva v. KS Realty, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2015No. 16077 305435/10PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered May 20, 2014, which granted the motion of defendants KS Realty, L.P., and Steven Klein for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Plaintiff alleges that he fell in his apartment because of the sloping condition of the hallway floor, which caused his desk chair to roll. Defendants made a prima facie showing that the slope of the apartment floor was a trivial defect, not a trap or dangerous condition (see Leon v Alcor Assoc., L.P., 96 AD3d 635, 635 [1st Dept 2012]; Marcus v…
2Cases cited3 opinions
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- Acunia v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2009
- Marcus v. Namdor, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by2 opinions
- DaSilva v. KS Realty, L.P.Appellate Division of the Supreme Court of the State of New York · 2016
- Bank of N.Y. as Trustee for Equity One Inc. Mortgage/Pass Through Certificate Series 2006-D v. SinghAppellate Division of the Supreme Court of the State of New York · 2016