Legal Opinion

Morgan v. Windham Realty, LLC

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

Decided December 8, 2009PublishedCited by 9 opinions

1Opinion of the Court

*829Contrary to the plaintiffs’ contention, the plaintiff Patsy Morgan (hereinafter the plaintiff), at her deposition, failed to identify a “very sharp decline” and “rich . . . black asphalt,” which allegedly was slippery, as the causes of her fall on the subject driveway (see Bishop v Marsh, 59 AD3d 483 [2009]). Thus, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was unable to identify the exact cause of her fall (see Costantino v Webel, 57 AD3d 472 [2008]; Stanojevic v Scotto Bros. Rest. Enters., Inc., 16 AD3d 575,…

2Cases cited17 opinions

  1. Hartman v. Mountain Valley Brew Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Teplitskaya v. 3096 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  3. Costantino v. WebelAppellate Division of the Supreme Court of the State of New York · 2008
  4. Louman v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2009
  5. Curran v. EspositoAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by9 opinions

  1. Pol v. GjonbalajAppellate Division of the Supreme Court of the State of New York · 2015
  2. McRae v. VenutoAppellate Division of the Supreme Court of the State of New York · 2016
  3. Rizos v. Galini Seafood RestaurantAppellate Division of the Supreme Court of the State of New York · 2011
  4. Montemarano v. Sodexo, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Douse v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010

4 more not listed; retrieve them via the Exa API.

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