McENROE v. 31-64 CEPHALONIA REALTY, LLC

2019-01444. Index No. 12888/16.

190 A.D.3d 967 (2021)

136 N.Y.S.3d 780

2021 NY Slip Op 00427

Nancy McEnroe, Respondent, v. 31-64 Cephalonia Realty, LLC, Appellant.

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

Decided January 27, 2021.


Attorney(s) appearing for the Case

Fumuso, Kelly, Swart, Farrell, Polin & Christesen, LLP, Hauppauge, NY ( Scott G. Christesen of counsel), for appellant.

Chopra & Nocerino, LLC (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac , Sanford Hausler , and Jillian Rosen] , of counsel), for respondent.

Mastro, A.P.J., Austin, Miller and Connolly, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she slipped on a landing and fell down stairs leading to the front door of the apartment building where she lived. She commenced this personal injury action against the defendant, the owner of the building. The defendant moved for summary judgment dismissing the complaint, arguing that the plaintiff was unable to identify the cause of her fall. The Supreme Court denied the motion...

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