Napolitano v. Jackson "78" Condo.
| Decision Date | 16 September 2020 |
| Docket Number | Index No. 22087/10,2017-10831 |
| Parties | Patricia NAPOLITANO, Appellant, v. JACKSON "78" CONDOMINIUM, et al., Respondents, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
186 A.D.3d 1383
130 N.Y.S.3d 498
Patricia NAPOLITANO, Appellant,
v.
JACKSON "78" CONDOMINIUM, et al., Respondents, et al., Defendants.
2017-10831
Index No. 22087/10
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 2, 2020
September 16, 2020
Michael F. Perrotta, Huntington, NY, for appellant.
Brody, O'Connor & O'Connor, Northport, N.Y. (Aisha K. Brosnan and Patricia A. O'Connor of counsel), for respondents.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Denise F. Molia, J.), dated August 8, 2017. The order, insofar as appealed from, granted that branch of the motion of the defendants Jackson "78" Condominium, MPJ Realty, LLC, and SLJ Property Management, LLC, which was for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Jackson "78" Condominium, MPJ Realty, LLC, and SLJ Property Management, LLC, which was for summary judgment dismissing the complaint insofar as asserted against them is denied.
The plaintiff allegedly was injured when she tripped while stepping into an elevator in a building owned by the defendant Jackson "78" Condominium and managed by the defendants MPJ Realty, LLC, and SLJ Property Management, LLC (hereinafter collectively the property defendants). The plaintiff alleged that when she entered the elevator, it was misaligned with the adjacent floor of the building lobby, and that this defect caused her fall. The plaintiff commenced this personal injury action against the property defendants, among others. The property defendants subsequently moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against them. In an order dated August 8, 2017,...
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