Legal Opinion

Best v. 1482 Montgomery Estates, LLC

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

Decided February 20, 2014Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 21, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unani*556mously reversed, on the law, without costs, and the motion denied.

Defendant failed to establish its entitlement to judgment as a matter of law in this action for personal injuries sustained by plaintiff when sheetrock from the ceiling of her apartment fell on her; defendant owned the building. Defendant’s submissions included plaintiffs testimony that she had called the office of defendant’s building manager several times…

2Cases cited5 opinions

  1. Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
  2. Espinal v. Trezechahn 1065 Avenue of Americas, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Figueroa v. GoetzAppellate Division of the Supreme Court of the State of New York · 2004
  4. Beahn v. New York Yankees PartnershipAppellate Division of the Supreme Court of the State of New York · 2011
  5. Govan v. Ft. Sheri Realty Co.Appellate Division of the Supreme Court of the State of New York · 1999

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