From Casetext: Smarter Legal Research

Peygumbari v. Forest Plaza Associates

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2006
29 A.D.3d 768 (N.Y. App. Div. 2006)

Opinion

2005-01682.

May 16, 2006.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated November 12, 2004, which denied its motion for summary judgment dismissing the complaint.

Morrison Mahoney, LLP, New York, N.Y. (Demi Sophocleous of counsel), for appellant.

Jack Baum, P.C., Brooklyn, N.Y., for respondent.

Before: Miller, J.P., Ritter, Goldstein and Lunn, JJ., concur.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained when he slipped on a patch of oil and fell while working on the roof of a building owned by the defendant. In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact that the defendant either created the patch of oil, or had actual or constructive notice of the condition and a reasonable time to correct it or warn of its existence ( see Todd v. City of New York, 19 AD3d 587; Gwyn v. 575 Fifth Ave. Assoc., 12 AD3d 403, 404). Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint.


Summaries of

Peygumbari v. Forest Plaza Associates

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2006
29 A.D.3d 768 (N.Y. App. Div. 2006)
Case details for

Peygumbari v. Forest Plaza Associates

Case Details

Full title:RASIM PEYGUMBARI, Respondent, v. FOREST PLAZA ASSOCIATES, Appellant

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

Date published: May 16, 2006

Citations

29 A.D.3d 768 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3870
814 N.Y.S.2d 746

Citing Cases

Koutsiaftis v. All. Parking Servs.

Here, Alliance's submissions, including the affidavit of its expert, established, prima facie, that the…

James v. Cushman Wakefield of New York

In the instant case, even if plaintiff did inform employees of Cushman Wakefield of the alleged leaking…