Legal Opinion
Bautista v. 85th Columbus Corp.
New York Supreme Court
Decided November 26, 2013PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Sharon A.M. Aarons, J.
Defendants move (1) for summary judgment pursuant to CPLR 3212 dismissing the first cause of action of the complaint against all defendants, and (2) to dismiss the second cause of action for failure to state a cause of action pursuant to CPLR 3211. Plaintiff submits written opposition. The defendants’ motion is granted in its entirety, and the complaint is dismissed.
The instant motion presents an issue not squarely addressed in any reported case, i.e., whether a sidewalk basement stairway, accessed through trapdoors set into the sidewalk, is an…
2Cases cited54 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
49 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Aldrich v. United StatesDistrict Court, S.D. New York · 2024