Legal Opinion
Sikora v. Earth Leasing Property Ltd. Liability Co.
New York Supreme Court
Decided October 14, 2014Published
1Opinion of the Court
OPINION OF THE COURT
Doris Ling-Cohan, J.
It is ordered that this motion for summary judgment by defendant Earth Leasing Property Limited Liability Company is denied as explained below.
The main issue before the court is whether climatological records, without an expert affidavit, may be used to establish a prima facie case, entitling defendant to summary judgment in a slip and fall case involving an alleged icy condition. It appears that this issue has not been directly addressed by the courts.
Background
Plaintiff Maria Sikora alleges that on February 14, 2011, between 11:00 a.m. and 12:00 p.m.,…
2Cases cited12 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
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