Dell v. Turner Construction Co.

Appellate Division of the Supreme Court of New York

Dell v. Turner Construction Co.

299 A.D.2d 293, 750 N.Y.S.2d 67

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

DecidedNovember 26, 2002

StatusPublished

This text of 299 A.D.2d 293 (Dell v. Turner Construction Co.) 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

Dell v. Turner Construction Co., 299 A.D.2d 293, 750 N.Y.S.2d 67 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered June 13, 2002, which, to the extent appealed from, denied third-party defendants’ motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Summary judgment dismissing the third-party complaint was properly denied in view of triable issues of fact (see Zuckerman v City of New York, 49 NY2d 557, 562) as to whether plaintiffs injury was in some measure attributable to the condition of the stairs in the third-party defendants’ home. The affidavit of third-party plaintiffs expert raises a triable issue as to whether there was a defective riser in third-party defendants’ staircase that caused plaintiff to fall down the staircase. While third-party defendants question the credibility of third-party plaintiffs expert, such credibility issues are properly reserved for the trier of fact (see Alvarez v New York City Hous. Auth., 295 AD2d 225). Concur — Mazzarelli, J.P., Rosenberger, Rubin and Gonzalez, JJ.

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Order, Supreme Court, New York County (Leland DeGrasse, J.), entered June 13, 2002, which, to the extent appealed from, denied third-party defendants’ motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Summary judgment dismissing the third-party complaint was properly denied in view of triable issues of fact (see Zuckerman v City of New York, 49 NY2d 557, 562) as to whether plaintiffs injury was in some measure attributable to the condition of the stairs in the third-party defendants’ home. The affidavit of third-party plaintiffs expert raises a triable issue as to whether there was a defective riser in third-party defendants’ staircase that caused plaintiff to fall down the staircase. While third-party defendants question the credibility of third-party plaintiffs expert, such credibility issues are properly reserved for the trier of fact (see Alvarez v New York City Hous. Auth., 295 AD2d 225). Concur — Mazzarelli, J.P., Rosenberger, Rubin and Gonzalez, JJ.

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Bluebook (online)

299 A.D.2d 293, 750 N.Y.S.2d 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dell-v-turner-construction-co-nyappdiv-2002.

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