Ennis-Short v. Ostapeck
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Plaintiff Betsy G. Ennis-Short was injured when she fell down a “winder” staircase in a building owned by defendant. After plaintiffs commenced this negligence action and filed a note of *1400issue, defendant moved for summary judgment dismissing the complaint. Supreme Court denied the motion, prompting defendant’s appeal.
Because triable issues of fact exist, Supreme Court properly denied defendant’s motion for summary judgment. To prevail on her motion, defendant was required to show that she maintained the premises in a reasonably safe condition and neither created nor had actual or constructive…
2Cases cited12 opinions
- Fiore v. Oakwood Plaza Shopping Center, Inc.New York Court of Appeals · 1991
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- Boyko v. LimowskiAppellate Division of the Supreme Court of the State of New York · 1996
- Mokszki v. PrattAppellate Division of the Supreme Court of the State of New York · 2004
- Managault v. Rensselaer Polytechnic InstituteAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by21 opinions
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- Carter v. StateAppellate Division of the Supreme Court of the State of New York · 2014
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