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Polgano v. New York City Educational Construction Fund

6 A.D.3d 222, 774 N.Y.S.2d 324, 2004 N.Y. App. Div. LEXIS 4064
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 13, 2004
StatusPublished
Cited by8 cases

This text of 6 A.D.3d 222 (Polgano v. New York City Educational Construction Fund) 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
Polgano v. New York City Educational Construction Fund, 6 A.D.3d 222, 774 N.Y.S.2d 324, 2004 N.Y. App. Div. LEXIS 4064 (N.Y. Ct. App. 2004).

Opinion

Order, Supreme Court, Bronx County (Jerry L. Crispino, J.), entered January 14, 2003, which denied defendants’ motion for summary judgment pursuant to CPLR 3212, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint as against them.

Plaintiff, a plumber who had been sent to repair “a leak in the sink” in the compactor room, concededly slipped and fell on water that had leaked onto the floor from the sink he was there to repair. Therefore, defendants’ motion for summary judgment should have been granted (see Kowalsky v Conreco Co., 264 NY 125, 129 [1934]). Concur—Andrias, J.P., Saxe, Sullivan and Gonzalez, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
6 A.D.3d 222, 774 N.Y.S.2d 324, 2004 N.Y. App. Div. LEXIS 4064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polgano-v-new-york-city-educational-construction-fund-nyappdiv-2004.