From Casetext: Smarter Legal Research

Rodriguez v. 105 East Clarke Associates

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 2006
26 A.D.3d 204 (N.Y. App. Div. 2006)

Opinion

7826.

February 9, 2006.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered November 5, 2004, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Trollman, Glaser Lichtman, P.C., New York (Michael T. Altman of counsel), for appellants.

Rutherford Christie, LLP, New York (Lewis R. Silverman of counsel), for respondent.

Before: Andrias, J.P., Friedman, Marlow, Catterson and Malone, JJ., concur.


The infant plaintiff was injured on defendant's premises when an allegedly defective door slammed on her hand. Summary judgment was properly granted in the absence of evidence that defendant had actual or constructive notice of an allegedly defective condition ( see Gordon v. American Museum of Natural History, 67 NY2d 836). Defendant established prima facie its entitlement to summary judgment by providing evidence that the door was checked on a regular basis, that it was checked immediately after the accident and found to be operating normally, and that there were no records of complaints or other accidents involving the door. Plaintiff offered no evidence to warrant a contrary inference ( see McGarvey v. Bank of N.Y., 7 AD3d 431).


Summaries of

Rodriguez v. 105 East Clarke Associates

Appellate Division of the Supreme Court of New York, First Department
Feb 9, 2006
26 A.D.3d 204 (N.Y. App. Div. 2006)
Case details for

Rodriguez v. 105 East Clarke Associates

Case Details

Full title:JAILEEN RODRIGUEZ, an Infant, By Her Natural Grandmother and Legal…

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

Date published: Feb 9, 2006

Citations

26 A.D.3d 204 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1099
810 N.Y.S.2d 31

Citing Cases

Ramos v. City of New York

e heater, fan, or switch prior to plaintiff's accident, City has failed to establish that it lacked actual…

Kleinman v. N. Blvd. 4818, LLC

Hunter v Riverview Towers, 5 AD3d 249, 250 (1st Dept. 2004); see Davila v City of New York, 95 AD3d 560 (1st…