Shipp v. Eklecco L.L.C.

Appellate Division of the Supreme Court of New York

Shipp v. Eklecco L.L.C.

10 A.D.3d 515, 781 N.Y.S.2d 524, 2004 N.Y. App. Div. LEXIS 10528

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

DecidedSeptember 9, 2004

StatusPublished

This text of 10 A.D.3d 515 (Shipp v. Eklecco L.L.C.) 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

Shipp v. Eklecco L.L.C., 10 A.D.3d 515, 781 N.Y.S.2d 524, 2004 N.Y. App. Div. LEXIS 10528 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 9, 2004, 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 in favor of defendants dismissing the complaint.

Plaintiff, while sitting on the moving handrail of an escalator at defendants’ shopping mall, fell backwards and dropped to the floor three stories below. The record establishes that the subject escalator complied with applicable safety codes and was not defective in any way. In addition, plaintiff does not contend that the escalator malfunctioned in any way. Accordingly, defendants are entitled to summary judgment dismissing the complaint. Concur—Nardelli, J.P., Mazzarelli, Sullivan, Lerner and Friedman, JJ.

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Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 9, 2004, 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 in favor of defendants dismissing the complaint.

Plaintiff, while sitting on the moving handrail of an escalator at defendants’ shopping mall, fell backwards and dropped to the floor three stories below. The record establishes that the subject escalator complied with applicable safety codes and was not defective in any way. In addition, plaintiff does not contend that the escalator malfunctioned in any way. Accordingly, defendants are entitled to summary judgment dismissing the complaint. Concur—Nardelli, J.P., Mazzarelli, Sullivan, Lerner and Friedman, JJ.

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Bluebook (online)

10 A.D.3d 515, 781 N.Y.S.2d 524, 2004 N.Y. App. Div. LEXIS 10528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shipp-v-eklecco-llc-nyappdiv-2004.