Boodie v. Town Hall Foundation

Appellate Division of the Supreme Court of New York

Boodie v. Town Hall Foundation

5 A.D.3d 210, 773 N.Y.S.2d 282, 2004 N.Y. App. Div. LEXIS 2640

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 16, 2004

StatusPublished

This text of 5 A.D.3d 210 (Boodie v. Town Hall Foundation) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boodie v. Town Hall Foundation, 5 A.D.3d 210, 773 N.Y.S.2d 282, 2004 N.Y. App. Div. LEXIS 2640 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 23, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant demonstrated that the premises were not in violation of any aspect of the Building Code as applicable to defendant’s landmark theater, which was constructed well before the promulgation of the current regulations (see Jones v Presbyterian Hosp. in City of N.Y., 3 AD3d 225, 228 [2004]); there was no evidence that the stairs on which plaintiff fell were not cleaned or properly maintained; and plaintiff admitted that she does not know what caused the accident. Defendant therefore made out a prima facie demonstration of entitlement to summary judgment, shifting the burden to plaintiff to demonstrate the existence of a material issue of fact by admissible evidence (see Wright v South Nassau Communities Hosp., 254 AD2d 277, 277-278 [1998]). Plaintiff offered only an affidavit of an expert, which, in the particular circumstances of this case, was insufficient (compare June v Zikakis Chevrolet, 199 AD2d 907, 909 [1993]). Concur—Buckley, P.J., Sullivan, Williams and Gonzalez, JJ.

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Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 23, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant demonstrated that the premises were not in violation of any aspect of the Building Code as applicable to defendant’s landmark theater, which was constructed well before the promulgation of the current regulations (see Jones v Presbyterian Hosp. in City of N.Y., 3 AD3d 225, 228 [2004]); there was no evidence that the stairs on which plaintiff fell were not cleaned or properly maintained; and plaintiff admitted that she does not know what caused the accident. Defendant therefore made out a prima facie demonstration of entitlement to summary judgment, shifting the burden to plaintiff to demonstrate the existence of a material issue of fact by admissible evidence (see Wright v South Nassau Communities Hosp., 254 AD2d 277, 277-278 [1998]). Plaintiff offered only an affidavit of an expert, which, in the particular circumstances of this case, was insufficient (compare June v Zikakis Chevrolet, 199 AD2d 907, 909 [1993]). Concur—Buckley, P.J., Sullivan, Williams and Gonzalez, JJ.

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Bluebook (online)

5 A.D.3d 210, 773 N.Y.S.2d 282, 2004 N.Y. App. Div. LEXIS 2640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boodie-v-town-hall-foundation-nyappdiv-2004.

Opinion

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