Legal Opinion

Perez v. Gateway Realty LLC

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

Decided November 22, 2016No. 2271 302081/09Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered February 24, 2015, which granted the motion of defendant property owner Gateway Realty LLC (Gateway) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff Rafael Perez, who was the superintendent at Gateway’s building, sustained neck and back injuries after following a directive from Gateway’s principal to move an elevator motor, which weighed between 500 and 600 pounds, and which rested atop a dolly, from the freight elevator to the street. As plaintiff pushed the old motor…

2Cases cited2 opinions

  1. Vanship Holdings Limited v. Energy Infrastructure Acquisition Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Privette v. Precision ElevatorAppellate Division of the Supreme Court of the State of New York · 2016

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