Legal Opinion

Racines v. Lebowitz

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

Decided April 17, 2013PublishedCited by 7 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (McDonald, J), dated March 13, 2012, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

On the afternoon of August 9, 2009, the plaintiff allegedly tripped and fell near the entrance door of an automobile dealership owned by the defendants.

“Although proximate cause can be established in the absence of…

2Cases cited3 opinions

  1. Manning v. 6638 18th Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Louman v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2009
  3. Bolde v. Borgata Hotel Casino & SpaAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by7 opinions

  1. Vojvodic v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  2. Buglione v. SpagnolettiAppellate Division of the Supreme Court of the State of New York · 2014
  3. DiLorenzo v. S.I.J. Realty Co.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Gaither-Angus v. Adelphi Univ.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Barone v. Concert Service Specialists, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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