Brett v. AJ 1086 Assocs., LLC

Decision Date16 December 2020
Docket NumberIndex No. 508577/17,2019–08792
Citation138 N.Y.S.3d 546,189 A.D.3d 1153
Parties Sharon BRETT, respondent, v. AJ 1086 ASSOCIATES, LLC, et al., appellants.
CourtNew York Supreme Court — Appellate Division

189 A.D.3d 1153
138 N.Y.S.3d 546

Sharon BRETT, respondent,
v.
AJ 1086 ASSOCIATES, LLC, et al., appellants.

2019–08792
Index No. 508577/17

Supreme Court, Appellate Division, Second Department, New York.

Argued—October 29, 2020
December 16, 2020


138 N.Y.S.3d 547

O'Connor, O'Connor, Hintz & Deveney, LLP, Melville, N.Y. (Dawn C. Faillace–Dillon of counsel), for appellants.

REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, JEFFREY A. COHEN, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

189 A.D.3d 1153

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated June 26, 2019. The order granted the plaintiff's motion for leave to reargue her opposition to the defendants' motion for summary judgment dismissing the complaint, which had been granted in an order of the same court dated March 15, 2019, and, upon reargument, vacated the order dated March 15, 2019, and thereupon denied the defendants' motion.

ORDERED that the order dated June 26, 2019, is affirmed, without costs or disbursements.

On October 2, 2016, the plaintiff allegedly was injured when she tripped and fell on a wheel stop in the parking lot on the defendants' premises as she was walking from her parked vehicle toward the store located on the premises. In May 2017, the plaintiff commenced this action against the defendants to recover damages for personal

138 N.Y.S.3d 548

injuries. The defendants subsequently moved for summary judgment dismissing the complaint, arguing that the wheel stop was an open and obvious condition and not inherently dangerous. In an order dated March 15, 2019, the Supreme Court granted the defendants' motion.

Thereafter, the plaintiff moved for leave to reargue her opposition to the defendants' motion for summary judgment

189 A.D.3d 1154

dismissing the complaint. In an order dated June 26, 2019, the Supreme Court granted the plaintiff's motion for leave to reargue and, upon reargument, vacated the order dated March 15, 2019, granting the defendants' motion for summary judgment dismissing the complaint, and thereupon denied that motion. The defendants appeal from the order dated June 26, 2019.

"A motion for leave to ... reargue is addressed to the sound discretion of the Supreme Court" ( Central Mtge. Co. v....

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    ...divorced from the surrounding circumstances and generally is a question for the fact finder to resolve (see Brett v AJ 1086 Assoc., LLC, 189 A.D.3d 1153, 138 N.Y.S.3d 546 [2d Dept 2020]; Robbins v 237 Ave. X, LLC, supra; Shermazanova v Amerihealth Med., P.C, 173 A.D.3d 796, 103 N.Y.S.3d 160......
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    ...constitutes a reasonably safe environment, depends on the totality of the specific facts of each case’ " ( Brett v. AJ 1086 Assoc., LLC, 189 A.D.3d 1153, 1154, 138 N.Y.S.3d 546, quoting Holmes v. Macy's Retail Holdings, Inc., 184 A.D.3d 811, 811, 124 N.Y.S.3d 582 ).Here, the defendant estab......
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