O'Connell v. Los Compadres Liquors & Wines
| Decision Date | 21 December 2022 |
| Docket Number | 2020–07665,Index No. 608352/16 |
| Parties | Jennifer O'CONNELL, etc., respondent, v. LOS COMPADRES LIQUORS AND WINES, defendant, Isidro Perez, appellant. |
| Court | New York Supreme Court — Appellate Division |
211 A.D.3d 963
181 N.Y.S.3d 304
Jennifer O'CONNELL, etc., respondent,
v.
LOS COMPADRES LIQUORS AND WINES, defendant,
Isidro Perez, appellant.
2020–07665
Index No. 608352/16
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 1, 2022
December 21, 2022
Gannon, Rosenfarb & Drossman, New York, NY (Lisa L. Gokhulsingh of counsel), for appellant.
Dell & Dean, PLLC, Garden City, NY (Joseph G. Dell and Mischel & Horn, P.C. [Scott T. Horn and Andrew Fisher], of counsel), for respondent.
VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant Isidro Perez appeals from an order of the Supreme Court, Nassau County (Jerome C. Murphy, J.), entered September 28, 2020. The order, insofar as appealed from, denied that branch of that defendant's motion which was for summary judgment dismissing
the complaint insofar as asserted against him.
ORDERED that the order is affirmed insofar as appealed from, with costs.
On July 14, 2016, the plaintiff's decedent allegedly sustained personal injuries when he slipped and fell on a wet metal step as he entered a liquor store operated by the defendant Los Compadres Liquors and Wines (hereinafter the tenant). The liquor store was located in a building owned by the defendant Isidro Perez. In October 2016, the decedent commenced this action to recover damages for personal injuries he allegedly sustained in the fall. Perez moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against him, arguing, among other things, that he was an out-of-possession landlord with no duty to maintain the premises,
and that the lease agreement between him and the tenant obligated the tenant to take good care of the premises. In an...
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Lopresti v. Alzoobaee
...element of proximate cause through evidence submitted for the first time in reply papers (see O'Connell v Los Compadres Liquors & Wines, 211 A.D.3d 963, 964; Rivera v R.C. Archdiocese of N.Y., 197 A.D.3d 744, 745). In opposition to the defendants' prima facie showing on the element of depar......