Rivera v. St. Nicholas 184 Holding, LLC

Appellate Division of the Supreme Court of New York

Rivera v. St. Nicholas 184 Holding, LLC

135 A.D.3d 496, 22 N.Y.S.3d 832

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

DecidedJanuary 12, 2016

Docket16624 150282/12

StatusPublished

Cited by1 cases

This text of 135 A.D.3d 496 (Rivera v. St. Nicholas 184 Holding, 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

Rivera v. St. Nicholas 184 Holding, LLC, 135 A.D.3d 496, 22 N.Y.S.3d 832 (N.Y. Ct. App. 2016).

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Opinion

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered March 24, 2014, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff alleges that he was injured when, while attempting to repair a clothesline, he fell out the window, which was not equipped with window stops. Plaintiff testified that he fell when he deliberately stood on a garbage can and leaned out of the open window, placing his entire torso through it. Thus, plaintiff’s testimony establishes that his own voluntary conduct was the proximate cause of his accident.

We have considered plaintiff’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.P., Friedman, Gische and Kapnick, JJ.

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Order, Supreme Court, New York County (Ellen M. Coin, J.), entered March 24, 2014, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff alleges that he was injured when, while attempting to repair a clothesline, he fell out the window, which was not equipped with window stops. Plaintiff testified that he fell when he deliberately stood on a garbage can and leaned out of the open window, placing his entire torso through it. Thus, plaintiff’s testimony establishes that his own voluntary conduct was the proximate cause of his accident.

We have considered plaintiff’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.P., Friedman, Gische and Kapnick, JJ.

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Bluebook (online)

135 A.D.3d 496, 22 N.Y.S.3d 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-st-nicholas-184-holding-llc-nyappdiv-2016.

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