AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GUADALUPE MEJIA, Also Known as FRED MEJIA et al., Appellants, v. ERA REALTY CO. et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendants appearing separately and filing separate briefs.

The plaintiffs' contention that the defendants should not have been awarded summary judgment dismissing the complaint insofar as asserted against them because they failed to submit evidence in admissible form in support of their respective motion and cross motion is without merit ( see Mazzarelli v 54 Plus Realty Corp., 54 AD3d 1008; Felberbaum v Weinberger, 40 AD3d 808, 809).

The plaintiff's alleged that the injured plaintiff tripped and fell over a hole in a parking lot owned by the defendants Era Realty Co., Edward Cohen, and Robert Cohen (hereinafter collectively the Era defendants), and leased to the defendant Circle A Foods, Inc. (hereinafter Circle). With respect to the Era defendants, they established their entitlement to judgment as a matter of law by demonstrating, prima facie, that they were out-of-possession landlords who had no duty to maintain the parking lot ( see Sanchez v Barnes Noble, Inc., 59 AD3d 698; Brewster v Five Towns Health Care Realty Corp., 59 AD3d 483; Greco v Starbucks Coffee Co., 58 AD3d 681; Robinson v M. Parisi Son Constr. Co., Inc., 51 AD3d 653). In opposition, the plaintiff's failed to raise a triable issue of fact ( see Chery v Exotic Realty, Inc., 34 AD3d 412). With respect to Circle, in response to its demonstration of its entitlement to judgment as a matter of law, the plaintiff's failed to submit evidence sufficient to raise a triable issue of fact ( see Gordon v American Museum of Natural History, 67 NY2d 836). The affidavit of the plaintiffs' expert was speculative and insufficient to raise a triable issue of fact as to whether Circle had constructive notice of the hole that allegedly caused the injured plaintiff to fall, or whether the parking lot was adequately lit at the time of the accident ( see generally Greco v Starbucks Coffee Co., 58 AD3d 681).

Use AI to get other relevant cases.

Comments

MEJIA v. ERA REALTY CO
(Jan 19, 2010)