Legal Opinion
Garcia-Rosales v. 370 Seventh Avenue Associates, LLC
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 2011PublishedCited by 10 opinions
1Opinion of the Court
Defendant made a prima facie showing of entitlement to judgment as a matter of law with evidence that it was an out-of-possession landlord, it was not contractually obligated to make *465repairs and maintain the premises, and plaintiffs accident was caused by a nonstructural defect, namely, wet and slippery stairs (see generally Babich v R.G.T. Rest. Corp., 75 AD3d 439, 440 [2010]).
In opposition, plaintiff failed to raise an issue of fact. Although plaintiff asserted in his bill of particulars that the subject stairs violated Administrative Code of the City of New York § 27-375, he failed to…
2Cases cited4 opinions
- Babich v. R.G.T. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Vazquez v. JRG Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- National Union Fire Insurance of Pittsburgh v. Glass Check Cashing Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Gemini v. ChristAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by10 opinions
- Quing Sui Li v. 37-65 LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Mitchell v. 423 W. 55th St.Appellate Division of the Supreme Court of the State of New York · 2020
- Vazquez v. Takara CondominiumAppellate Division of the Supreme Court of the State of New York · 2016
- Wong v. 15 Monroe Realty Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Wong v. 15 Monroe Realty Inc.Appellate Division of the Supreme Court of the State of New York · 2021
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