Velez v. Montefiore Medical Center

Appellate Division of the Supreme Court of New York

Velez v. Montefiore Medical Center

300 A.D.2d 142, 751 N.Y.S.2d 477, 2002 N.Y. App. Div. LEXIS 12492

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

DecidedDecember 17, 2002

StatusPublished

This text of 300 A.D.2d 142 (Velez v. Montefiore Medical Center) 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

Velez v. Montefiore Medical Center, 300 A.D.2d 142, 751 N.Y.S.2d 477, 2002 N.Y. App. Div. LEXIS 12492 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered on or about April 15, 2002, which, in an action for personal injuries sustained in a slip and fall on defendant hospital’s premises, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs deposition testimony was to the effect that the “very thin whitish dust” that caused her to slip and fall had come from nearby renovation or construction work on the same floor as the doctor’s office she was visiting. Defendant’s motion for summary judgment relied on portions of plaintiffs deposition to show that plaintiff did not notice the “very little” amount of dust on the floor until after she fell, and to argue that there was no evidence that defendant caused or had notice of the allegedly dangerous dust. This argument was not responsive to plaintiffs claim that the dust emanated from the construction work. Concur — Mazzarelli, J.P., Saxe, Sullivan, Rosenberger and Lerner, JJ.

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—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered on or about April 15, 2002, which, in an action for personal injuries sustained in a slip and fall on defendant hospital’s premises, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs deposition testimony was to the effect that the “very thin whitish dust” that caused her to slip and fall had come from nearby renovation or construction work on the same floor as the doctor’s office she was visiting. Defendant’s motion for summary judgment relied on portions of plaintiffs deposition to show that plaintiff did not notice the “very little” amount of dust on the floor until after she fell, and to argue that there was no evidence that defendant caused or had notice of the allegedly dangerous dust. This argument was not responsive to plaintiffs claim that the dust emanated from the construction work. Concur — Mazzarelli, J.P., Saxe, Sullivan, Rosenberger and Lerner, JJ.

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Bluebook (online)

300 A.D.2d 142, 751 N.Y.S.2d 477, 2002 N.Y. App. Div. LEXIS 12492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velez-v-montefiore-medical-center-nyappdiv-2002.