Portillo v. 137 East 110th Street, LLC

Appellate Division of the Supreme Court of New York

Portillo v. 137 East 110th Street, LLC

25 A.D.3d 328, 805 N.Y.S.2d 831

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

DecidedJanuary 3, 2006

StatusPublished

This text of 25 A.D.3d 328 (Portillo v. 137 East 110th Street, LLC) 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

Portillo v. 137 East 110th Street, LLC, 25 A.D.3d 328, 805 N.Y.S.2d 831 (N.Y. Ct. App. 2006).

Pincite

Opinion

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 6, 2005, denying the motion of defendant 137 East 110th Street, LLC, for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Triable issues of fact exist as to whether appellant retained control over the cellar doors on its premises and, if so, whether it had constructive notice of the tripping hazard allegedly presented by those doors. Concur—Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.

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Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 6, 2005, denying the motion of defendant 137 East 110th Street, LLC, for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Triable issues of fact exist as to whether appellant retained control over the cellar doors on its premises and, if so, whether it had constructive notice of the tripping hazard allegedly presented by those doors. Concur—Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.

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Bluebook (online)

25 A.D.3d 328, 805 N.Y.S.2d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portillo-v-137-east-110th-street-llc-nyappdiv-2006.