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Rittwager v. Lawrence

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 685 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


Plaintiff was allegedly injured when he fell backwards off a loading dock, while carrying a heavy, cumbersome object. The defendants are the owners of the premises. Defendants contend that they are entitled to judgment as a matter of law, as plaintiff's fall was proximately caused not by any defect or failure to warn, but instead, as plaintiff himself stated, by a "push" from the object he was carrying, which propelled plaintiff off the loading dock. To the contrary, we find that the affidavit of plaintiff's expert raises questions of fact as to whether a defect in the premises caused or contributed to plaintiff's injuries.

Concur — Milonas, J.P., Wallach, Asch, Kassal and Smith, JJ.


Summaries of

Rittwager v. Lawrence

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 685 (N.Y. App. Div. 1991)
Case details for

Rittwager v. Lawrence

Case Details

Full title:CONRAD RITTWAGER et al., Respondents, v. SYLVAN LAWRENCE et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 31, 1991

Citations

169 A.D.2d 685 (N.Y. App. Div. 1991)
565 N.Y.S.2d 66