Opinion
46 CA 21-00261
03-18-2022
Linda QUINONES and Angel Bilbraut, Plaintiffs-Respondents, v. MARINER HOUSING DEVELOPMENT FUND COMPANY, INC., CRM Rental Management, Inc., Defendants-Appellants, et al., Defendant.
RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (CORY J. WEBER OF COUNSEL), FOR DEFENDANTS-APPELLANTS. LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (CORY J. WEBER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: CENTRA, J.P., NEMOYER, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed against defendants-appellants.
Memorandum: In this slip and fall negligence action, defendants-appellants (defendants) appeal from an order that denied their motion for summary judgment dismissing the amended complaint against them. We agree with defendants that they established their entitlement to judgment as a matter of law on their storm in progress affirmative defense (see Battaglia v. MDC Concourse Ctr., LLC , 34 N.Y.3d 1164, 1165-1166, 121 N.Y.S.3d 757, 144 N.E.3d 367 [2020] ). In opposition, plaintiffs failed to raise a triable issue of fact (see id. at 1166, 121 N.Y.S.3d 757, 144 N.E.3d 367 ; Glover v. Botsford , 109 A.D.3d 1182, 1183-1184, 971 N.Y.S.2d 771 [4th Dept. 2013] ). We therefore reverse the order and grant the motion. Defendants’ remaining contention is academic in light of our determination.