Opinion
2019–09850 Index No. 8275/14
02-02-2022
Desiree KELLY, appellant, v. CITY OF NEW YORK, defendant, Roron Associates, LLC, et al., respondents.
Budin, Reisman, Kupferberg & Bernstein, LLP, New York, NY (Gregory C. McMahon of counsel), for appellant. Georgia M. Pestana, Corporation Counsel, New York, NY (Scott Shorr and Janet L. Zaleon of counsel), for defendant.
Budin, Reisman, Kupferberg & Bernstein, LLP, New York, NY (Gregory C. McMahon of counsel), for appellant.
Georgia M. Pestana, Corporation Counsel, New York, NY (Scott Shorr and Janet L. Zaleon of counsel), for defendant.
FRANCESCA E. CONNOLLY, J.P., ROBERT J. MILLER, LINDA CHRISTOPHER, LARA J. GENOVESI, JJ.
DECISION & ORDER In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Reginald A. Boddie, J.), entered June 24, 2019. The order, insofar as appealed from, stated that "the plaintiff is unable to establish where she fell."
ORDERED that the appeal is dismissed, without costs or disbursements. The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained in a trip and fall accident. On her appeal from an order which granted the motion of the defendants Nostrand Express Food I Corp. and Nostrand Express Food I Corp., doing business as Saleh Z. Mused, and the separate motion of the defendant Roron Associates, LLC, for summary judgment dismissing the complaint insofar as asserted against each of them, she concedes that those motions were properly granted. Rather, she challenges the statement of the Supreme Court that "the plaintiff is unable to establish where she fell." However, no appeal lies from dicta (see Dorvilier v. Champion Mtge. Co., 156 A.D.3d 761, 65 N.Y.S.3d 731 ; B & N Props., LLC v. Elmar Assoc., LLC, 51 A.D.3d 831, 858 N.Y.S.2d 720 ; Schuster v. Schweitzer, 203 A.D.2d 552, 612 N.Y.S.2d 933 ). Accordingly, the appeal must be dismissed.
CONNOLLY, J.P., MILLER, CHRISTOPHER and GENOVESI, JJ., concur.