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Bullock v. Anthony Equities, Ltd.

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 2004
12 A.D.3d 326 (N.Y. App. Div. 2004)

Summary

finding that, where the defendant's expert affidavit established that a door saddle was not defective and that hazard posed by a three-quarter inch height differential between the edge of the saddle and the floor was trivial, plaintiff's expert affidavit failed to raise a triable issue of fact, as it was couched in general terms and offered unsubstantiated conclusions about the tripping hazard posed by the saddle

Summary of this case from Vasquez v. United States

Opinion

4529

November 30, 2004.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered March 9, 2004, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Before: Mazzarelli, J.P., Williams, Friedman, Gonzalez and Catterson, JJ.


Defendants' expert's affidavit established that the subject door saddle was free of defect in design, installation or maintenance and had none of the characteristics of a snare or trap; that the hazard, if any, posed by the ¾-inch height differential between the edge of the saddle and the kitchen floor was trivial; and that the New York City Building Code violations alleged by plaintiff were without merit. Plaintiff's expert's affidavit failed to raise a triable issue of fact as to defendant's negligence inasmuch as it was couched in general terms, referred to New York City Building Code sections that did not specifically address door saddles, and offered unsubstantiated conclusions regarding the alleged dangerous tripping hazard posed by the door saddle and regarding what constitutes good and accepted engineering practice in these circumstances ( see Bean v. Ruppert Towers Hous. Co., 274 AD2d 305, 308).


Summaries of

Bullock v. Anthony Equities, Ltd.

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 2004
12 A.D.3d 326 (N.Y. App. Div. 2004)

finding that, where the defendant's expert affidavit established that a door saddle was not defective and that hazard posed by a three-quarter inch height differential between the edge of the saddle and the floor was trivial, plaintiff's expert affidavit failed to raise a triable issue of fact, as it was couched in general terms and offered unsubstantiated conclusions about the tripping hazard posed by the saddle

Summary of this case from Vasquez v. United States

In Bullock, the court granted defendant's motion for summary judgment, concluding that the door saddle over which plaintiff tripped, which was raised three quarters of an inch over the adjacent floor was trivial as it did not have the characteristics of a trap or snare.Bullock v. Anthony Equities, Ltd., 12 AD3d 326 (1st Dept. 2004).

Summary of this case from Ochoa v. Walton Mgt. LLC
Case details for

Bullock v. Anthony Equities, Ltd.

Case Details

Full title:REBECCA BULLOCK, Respondent, v. ANTHONY EQUITIES, LTD., et al., Appellants

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

Date published: Nov 30, 2004

Citations

12 A.D.3d 326 (N.Y. App. Div. 2004)
786 N.Y.S.2d 144

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