Opinion
6690 Index 156625/12
05-29-2018
DILLON K., etc., et al., Plaintiffs–Appellants, v. NORTHERN BLVD. 4818, LLC, et al., Defendants–Respondents.
Mark L. Lubelsky & Associates, New York (Josef K. Mensah of counsel), for appellants. Richard Freiman & Associates, PLLC, New York (Gray L. Oxford of counsel), for respondents.
Mark L. Lubelsky & Associates, New York (Josef K. Mensah of counsel), for appellants.
Richard Freiman & Associates, PLLC, New York (Gray L. Oxford of counsel), for respondents.
Friedman, J.P., Gische, Tom, Kern, Singh, JJ.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered May 1, 2017, which, insofar as appealed from as limited by the briefs, granted the motion of defendants FC Northern Associates II, LLC and First New York Partners Management, LLC (collectively, defendants) for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Defendants established their entitlement to judgment as a matter of law in this action where infant plaintiff was injured when a door leading to a rooftop parking garage in defendants' building closed on his finger. Defendants submitted evidence showing that the subject door was regularly inspected and that there were no prior complaints, accidents, or other indication that the door was defective (see Choudhury v. City of New York, 106 A.D.3d 523, 966 N.Y.S.2d 6 [1st Dept. 2013] ; Rodriguez v. 105 E. Clarke Assoc. & LLC, 26 A.D.3d 204, 810 N.Y.S.2d 31 [1st Dept. 2006] ).
In opposition, plaintiffs failed to raise an issue of fact. Plaintiffs' argument that the doctrine of res ipsa loquitur applies to this case is unpersuasive, since plaintiff's version of the incident does not rule out the possibility that the injury was caused by infant plaintiff's own voluntary actions (see Graham v. Wohl, 283 A.D.2d 261, 724 N.Y.S.2d 416 [1st Dept. 2001] ).
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CLERK