Johnson v. Wythe Place, LLC
| Citation | 134 A.D.3d 569,22 N.Y.S.3d 42 |
| Parties | David JOHNSON, Plaintiff–Appellant, v. WYTHE PLACE, LLC, Defendant–Respondent, Ragoo Oudhoram, Defendant. |
| Decision Date | 22 December 2015 |
| Court | New York Supreme Court Appellate Division |
134 A.D.3d 569
22 N.Y.S.3d 42
David JOHNSON, Plaintiff–Appellant,
v.
WYTHE PLACE, LLC, Defendant–Respondent,
Ragoo Oudhoram, Defendant.
Supreme Court, Appellate Division, First Department, New York.
Dec. 22, 2015.
Decolator, Cohen & DiPrisco, LLP, Garden City (Joseph L. Decolator of counsel), for appellant.
Torino & Bernstein, P.C., New York (Carol R. Finocchio of counsel), for respondent.
MAZZARELLI, J.P., RICHTER, MANZANET–DANIELS, Kapnick, JJ.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered July 31, 2014, which granted defendant Wythe Place, LLC's (Wythe) motion to reargue its motion for summary judgment dismissing the complaint, and upon reargument, granted the motion for summary judgment, unanimously affirmed, without costs.
Plaintiff's General Municipal Law § 205–e claim was not barred by the companion statute to the "firefighter's rule," which imposes absolute liability where a police officer is injured in the line of duty as a result of statutory or regulatory violations (see Guiffrida v. Citibank Corp., 100 N.Y.2d 72, 77–78, 760 N.Y.S.2d 397, 790 N.E.2d 772 [2003] ), since Wythe was neither plaintiff's employer nor co-employee (see General Obligations Law § 11–106 ; Wadler v. City of New York, 14 N.Y.3d 192, 194, 899 N.Y.S.2d 73, 925 N.E.2d 875 [2010] ).
Wythe's evidence established that it lacked actual or constructive notice of the alleged defective condition of the step on which plaintiff fell. The superintendent's deposition testimony and affidavit, and the affidavit of a member of the building management company established that there were no prior repairs, complaints, or reports of prior incidents involving the same step (see Clark v. New York City Hous. Auth., 7 A.D.3d 440, 777 N.Y.S.2d 450 [1st Dept.2004] ). Nor was there any evidence of any violations or citations issued regarding the staircase.
As to constructive notice,...
To continue reading
Request your trial
-
White v. N.Y.C. Hous. Auth., 1234, 350279/10.
...27–116; see Powers v. 31 E 31 LLC, 24 N.Y.3d 84, 92, 996 N.Y.S.2d 210, 20 N.E.3d 990 [2014] ; see also Johnson v. Wythe Place, LLC, 134 A.D.3d 569, 570, 22 N.Y.S.3d 42 [1st Dept.2015] ).NYCHA established prima facie that it was not negligent in its operation and maintenance of the heating p......
-
In re Kassel
...immigration fraud, if he had been convicted in New York, would constitute the New York felony of offering a false instrument for filing 22 N.Y.S.3d 42in the first degree (Penal Law § 175.35[1] ).Accordingly, the Committee's petition is granted to the extent of striking respondent's name fro......
-
People v. Austin
...omitted] ).Evidence lost through inadvertence does not excuse a loss. Additionally, under Durant, where evidence that should have 134 A.D.3d 569been, but was not, produced during discovery is now unavailable, the instruction is necessary to eliminate the prejudice to the defendant (see Peop......
-
Vasquez v. Nealco Towers LLC
...affidavit established that there were no prior complaints or incidents involving the same step (see Johnson v. Wythe Place, LLC, 134 A.D.3d 569, 22 N.Y.S.3d 42 [1st Dept. 2015] ), and plaintiff's own testimony, that she did not see the defect as she walked up the stairs approximately 20 min......