Brown v. Beautiful Village Redevelopment Associates

Appellate Division of the Supreme Court of New York

Brown v. Beautiful Village Redevelopment Associates

110 A.D.3d 567, 973 N.Y.S.2d 559

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

DecidedOctober 24, 2013

StatusPublished

This text of 110 A.D.3d 567 (Brown v. Beautiful Village Redevelopment Associates) 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

Brown v. Beautiful Village Redevelopment Associates, 110 A.D.3d 567, 973 N.Y.S.2d 559 (N.Y. Ct. App. 2013).

Pincite

Opinion

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 23, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Security-camera footage of the subject accident shows that the infant plaintiff fell because he laid his entire body down on the narrow railing in the stairwell of the apartment building in which he lived and lifted his hands in the air in an attempt to shift them from the post to the railing. This uncontradicted evidence demonstrates as a matter of law that defendant was not negligent, requiring dismissal of the complaint.

We have considered plaintiffs’ remaining contentions and find them unavailing. Concur — Andrias, J.P., Friedman, Acosta, DeGrasse and Freedman, JJ. [Prior Case History: 2012 NY Slip Op 31949(11).]

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Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 23, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Security-camera footage of the subject accident shows that the infant plaintiff fell because he laid his entire body down on the narrow railing in the stairwell of the apartment building in which he lived and lifted his hands in the air in an attempt to shift them from the post to the railing. This uncontradicted evidence demonstrates as a matter of law that defendant was not negligent, requiring dismissal of the complaint.

We have considered plaintiffs’ remaining contentions and find them unavailing. Concur — Andrias, J.P., Friedman, Acosta, DeGrasse and Freedman, JJ. [Prior Case History: 2012 NY Slip Op 31949(11).]

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Bluebook (online)

110 A.D.3d 567, 973 N.Y.S.2d 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-beautiful-village-redevelopment-associates-nyappdiv-2013.