Legal Opinion

Mayo v. Santis

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

Decided June 8, 2010PublishedCited by 1 opinion

1Opinion of the Court

*471Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about November 17, 2009, which denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

In exercising its function of issue-finding rather than issue-determination (see Insurance Corp. of N.Y. v Central Mut. Ins. Co., 47 AD3d 469, 472 [2008]), the motion court properly determined that photographs of defendants’ stair step, upon which plaintiff tripped and fell, demonstrated not only the quarter-inch rise at the edge of the step where plaintiff testified she tripped, but also the approximately…

2Cases cited3 opinions

  1. Argenio v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  2. Insurance Corp. of New York v. Central Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  3. Rivera v. 2300 X-tra Wholesalers, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. Delaney v. Town Sports InternationalAppellate Division of the Supreme Court of the State of New York · 2011

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API