Obie v. Catsimatidis

Appellate Division of the Supreme Court of New York

Obie v. Catsimatidis

10 A.D.3d 569, 782 N.Y.S.2d 77, 2004 N.Y. App. Div. LEXIS 11006

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

DecidedSeptember 28, 2004

StatusPublished

Cited by3 cases

This text of 10 A.D.3d 569 (Obie v. Catsimatidis) 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

Obie v. Catsimatidis, 10 A.D.3d 569, 782 N.Y.S.2d 77, 2004 N.Y. App. Div. LEXIS 11006 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered April 3, 2003, which, in an action for personal injuries allegedly sustained when plaintiff tripped and fell on an uneven portion of the sidewalk and street outside premises owned by defendant, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to make a prima facie showing of entitlement to summary judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). His claim that he is an out-of-possession landlord not responsible for maintenance is unsupported by a lease or other evidence even so much as identifying a tenant, and his claim that he lacked constructive notice is unsupported by any evidence showing, for example, that the defect was not apparent or was caused by recent or transitory conditions. Concur—Tom, J.P., Sullivan, Williams, Friedman and Marlow, JJ.

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Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered April 3, 2003, which, in an action for personal injuries allegedly sustained when plaintiff tripped and fell on an uneven portion of the sidewalk and street outside premises owned by defendant, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to make a prima facie showing of entitlement to summary judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). His claim that he is an out-of-possession landlord not responsible for maintenance is unsupported by a lease or other evidence even so much as identifying a tenant, and his claim that he lacked constructive notice is unsupported by any evidence showing, for example, that the defect was not apparent or was caused by recent or transitory conditions. Concur—Tom, J.P., Sullivan, Williams, Friedman and Marlow, JJ.

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Bluebook (online)

10 A.D.3d 569, 782 N.Y.S.2d 77, 2004 N.Y. App. Div. LEXIS 11006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obie-v-catsimatidis-nyappdiv-2004.

Opinion

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