Legal Opinion
Mitthauer v. T. Moriarty & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 6 opinions
1Opinion of the Court
*589When asked at his deposition what caused his fall as he stepped from the portable toilet, Mitthauer testified: “I couldn’t honestly tell you. I was mystified myself.” Mitthauer also testified that, while the portable toilet was wobbly or “belter skelter” on some days, the toilet did not wobble when he exited it on the date of the accident. Mitthauer described the surface on the ground within a five-foot radius of his fall as unlevel, with “hills” and “valleys” caused by vehicles.
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating, through the…
2Cases cited4 opinions
- Denicola v. CostelloAppellate Division of the Supreme Court of the State of New York · 2007
- Rodriguez v. CafaroAppellate Division of the Supreme Court of the State of New York · 2005
- Pinto v. Metropolitan OperaAppellate Division of the Supreme Court of the State of New York · 2009
- Kaplan v. Great Neck Donuts, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Ehrenberg v. Starbucks Coffee Co.Appellate Division of the Supreme Court of the State of New York · 2011
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- Village Auto Center, Inc. v. HaimsonAppellate Division of the Supreme Court of the State of New York · 2010
- Califano v. Dubonnet Hair StylistsAppellate Division of the Supreme Court of the State of New York · 2012
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