Martorel v. Tower Gardens, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 24, 2009, which, insofar as appealed from as limited by the briefs, denied defendant Wilkinson High-Rise LLC’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Elaintiff was injured when his arm became entangled in defendant Tower Gardens’ uncovered trash compactor. Before the *652January 2005 accident, defendant IDC Systems, followed by Wilkinson beginning in 2002, serviced the compactor on an “as called” basis. Wilkinson failed to establish prima facie that neither it…
2Cases cited6 opinions
- Schumacher v. Richards Shear Co.New York Court of Appeals · 1983
- Russo v. Feder, Kaszovitz, Isaacson, Weber, Skala & Bass, LLPAppellate Division of the Supreme Court of the State of New York · 2002
- Prenderville v. International Service Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Kretzmer v. Firesafe Products Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Mastroddi v. WDG Dutchess Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2008
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- LIPPENS, BRIAN v. WINKLER BACKEREITECHNIK GMBHAppellate Division of the Supreme Court of the State of New York · 2016
- Lippens v. Winkler Backereitechnik GmbHAppellate Division of the Supreme Court of the State of New York · 2016