Nabi v. Con Edison Co. of N.Y.

Appellate Division of the Supreme Court of New York

Nabi v. Con Edison Co. of N.Y.

135 A.D.3d 638, 23 N.Y.S.3d 569

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

DecidedJanuary 28, 2016

Docket34 307138/10

StatusPublished

This text of 135 A.D.3d 638 (Nabi v. Con Edison Co. of N.Y.) 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

Nabi v. Con Edison Co. of N.Y., 135 A.D.3d 638, 23 N.Y.S.3d 569 (N.Y. Ct. App. 2016).

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Opinion

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about July 8, 2014, which, granted plaintiffs’ motion to renew and, upon renewal, adhered to its prior order granting defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*639 Summary judgment was properly granted in this action where plaintiff Nur Nabi was injured when he slipped on interior stairs in his home while attempting to shut off electrical power in response to a fire emanating from an inline service box attached to the exterior of the dwelling, which plaintiffs allege was owned and maintained by defendant. The record establishes that the fire in the inline box was not a proximate cause of plaintiffs injury (see Bonomonte v City of New York, 79 AD3d 515 [1st Dept 2010], affd 17 NY3d 866 [2011]; Escalet v New York City Hous. Auth., 56 AD3d 257 [1st Dept 2008]). Concur — Mazzarelli, J.P., Acosta, Andrias and Richter, JJ.

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Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about July 8, 2014, which, granted plaintiffs’ motion to renew and, upon renewal, adhered to its prior order granting defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*639 Summary judgment was properly granted in this action where plaintiff Nur Nabi was injured when he slipped on interior stairs in his home while attempting to shut off electrical power in response to a fire emanating from an inline service box attached to the exterior of the dwelling, which plaintiffs allege was owned and maintained by defendant. The record establishes that the fire in the inline box was not a proximate cause of plaintiffs injury (see Bonomonte v City of New York, 79 AD3d 515 [1st Dept 2010], affd 17 NY3d 866 [2011]; Escalet v New York City Hous. Auth., 56 AD3d 257 [1st Dept 2008]). Concur — Mazzarelli, J.P., Acosta, Andrias and Richter, JJ.

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Bluebook (online)

135 A.D.3d 638, 23 N.Y.S.3d 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nabi-v-con-edison-co-of-ny-nyappdiv-2016.

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