Soltes v. 260 Waverly Owners, Inc., 2006-03140.
| Decision Date | 31 July 2007 |
| Docket Number | 2006-03140. |
| Citation | 2007 NY Slip Op 06274,840 N.Y.S.2d 412,42 A.D.3d 565 |
| Parties | JEAN SOLTES, Appellant, v. 260 WAVERLY OWNERS, INC., et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendant. RJM LAWN SERVICES OF L.I., INC., Third-Party Defendant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.
In February 2003, the plaintiff slipped and fell on a patch of ice as she exited the front door of premises owned by the defendant and third-party plaintiff, 260 Waverly Owners, Inc., and managed by the defendant and third-party plaintiff, Prestige Management (hereinafter collectively the defendants and third-party plaintiffs). The plaintiff testified at her deposition that earlier on the same day, she had noticed water dripping from an awning to the ground in front of the doorway and assumed that, after reaching the ground, the water froze, producing the hazardous condition. The plaintiff's theory of negligence was based on the premise that the awning regularly trapped snow and ice "and rather than redirecting the runoff, caused the melt to drip through and refreeze on the walking surface once...
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...State Farm Mut. Auto Ins. Co., 3 N.Y.3d 725, 726-727(2004); Tower Ins. Co. of New York v. Razy Associates, supra; Soltes v 260 Waverly Owners, 42 A.D.3d 565 (2nd Dept. 2007). Although the trial court has discretion in determining whether to consider a motion for summary judgment made more t......
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...See, Brill v City of New York, supra; Miceli v State Farm Mut. Auto Ins. Co., 3 N.Y.3d 725, 726-727(2004); Soltes v 260 Waverly Owners, 42 A.D.3d 565 (2nd Dept. 2007). Here, although the note of issue was filed on November 12, 2007, plaintiff's cross-motion for summary judgment was not file......
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...See, Brill v City of New York, supra; Miceli v State Farm Mut. Auto Ins. Co., 3 N.Y.3d 725, 726-727(2004); Soltes v 260 Waverly Owners, 42 A.D.3d 565 (2nd Dept. 2007). "[I]n the absence of such a 'good cause' showing, the court has no discretion to entertain even a meritorious, non-prejudic......
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Cajamarca v. Euro Marble Ctr., Inc.
...Co., 3 N.Y.3d 725, 726-727[2004]; Tower Ins. Co. of New York v. Razy Associates, 37 A.D.3d 702 [2nd Dept 2007]; Soltes v 260 Waverly Owners, 42 A.D.3d 565 [2nd Dept. 2007].) Plaintiff, in opposition, argues that the Moving Defendants' motion for summary judgment was untimely as it was made ......
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A. Summary Judgment Procedure
...Gitman v. Martinez, 139 A.D.3d 1175, 32 N.Y.3d 340 (3d Dep't 2016). [1218] CPLR 3212(a).[1219] See Soltes v. 260 Waverly Owners, Inc., 42 A.D.3d 565, 840 N.Y.S.2d 412 (2d Dep't 2007).[1220] 2 N.Y.3d 648, 781 N.Y.S.2d 261 (2004).[1221] Id. at 653.[1222] Miceli v. State Farm Mut. Auto. Ins. C......
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A. Summary Judgment Procedure
...Gitman v. Martinez, 139 A.D.3d 1175, 32 N.Y.3d 340 (3d Dep't 2016). [1201] CPLR 3212(a). [1202] See Soltes v. 260 Waverly Owners, Inc., 42 A.D.3d 565, 840 N.Y.S.2d 412 (2d Dep't 2007).[1203] 2 N.Y.3d 648, 781 N.Y.S.2d 261 (2004).[1204] Id. at 653.[1205] Miceli v. State Farm Mut. Auto. Ins. ......