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

ALEXANDER LERNER, Respondent, v. LUNA PARK HOUSING CORP., Appellant.

Ordered that the order is affirmed, with costs.

The plaintiff succeeded in rebutting the defendant's prima facie showing of entitlement to judgment as a matter of law. While there were no witnesses to the decedent's fall, deposition testimony from the decedent's wife and the plaintiff, his son, regarding, inter alia, the trail of blood commencing in a puddle on a patch of ice and leading down a hallway to the decedent's apartment, provided sufficient circumstantial evidence to raise a triable issue of fact as to whether the decedent's fall was proximately caused by a patch of ice which the defendant allegedly negligently failed to remove ( see Gayle v. City of New York, 92 NY2d 936, 937; Sweeney v. D J Vending, 291 AD2d 443). Moreover, the evidence offered by the plaintiff raised a triable issue of fact as to whether the subject patch of ice existed before the commencement of a snowstorm, and therefore whether the defendant could be charged with constructive notice of the dangerous condition ( see Sweeney v. D J Vending, supra at 443-444).

Use AI to get other relevant cases.

Comments

LERNER v. LUNA PARK HOUSING CORP
(Jun 20, 2005)