AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

LUIS T. PEREZ, Appellant, v. MORSE DIESEL, INC., Respondent and Third-Party Plaintiff-Respondent. BRONX-LEBANON HOSPITAL CENTER, INC., Third-Party Defendant-Respondent.

Defendant Morse Diesel satisfied its burden of proof that it owed no duty to plaintiff and that its alleged negligence was not a proximate cause of plaintiff's injuries. Defendant's submissions, corroborated by the Hospital, established that neither it nor its subcontractors performed work in the immediate vicinity of plaintiff's, accident, that it completed its work six months before the accident occurred and removed its own debris from the premises at that time, and that the maintenance, repair and/or resurfacing of the patio where plaintiff slipped on an ice covered piece of plywood was not within its contractual obligations ( see, Long v. Danforth Co., 236 A.D.2d 781; see also, Manson v. Consolidated Edison Co., 220 A.D.2d 374). Plaintiff failed to rebut the foregoing through evidentiary proof in admissible form sufficient to require a trial of material questions of fact ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Plaintiff's claim that defendant's installation of a gas line in the general vicinity supports a conclusion that defendant left the plywood on the patio is speculative ( see, Schneider v. Kings Highway Hosp. Ctr., 67 N.Y.2d 743; Silva v. Village Sq. of Penna, 251 A.D.2d 944).

We have considered and rejected plaintiff's other arguments.

Concur — Rosenberger, J. P., Ellerin, Williams and Andrias, JJ.

Use AI to get other relevant cases.

Comments

PEREZ v. MORSE DIESEL, INC
(Feb 25, 1999)