april 15, 2008 - Criminal Law Library Blog

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Lippman, P.J., Tom, Williams, Acosta, JJ. 3405 Enso Perez, Index 8464/05 Plaintiff-Appellant, -against- Amelia Canale, et al., Defendants, Atlantic Development Group, LLC, et al., Defendants-Respondents. _________________________ Law Office of Scott B. Schwartz, PLLC, New York (Scott B. Schwartz of counsel), for appellant. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York (Patrick J. Lawless of counsel), for respondents. _________________________ Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered June 19, 2007, which, insofar as appealed from as limited by the briefs, granted the motion of defendants Atlantic Development Group, LLC, Sagamore Street Associates, L.P., Birchall Avenue, L.P., and Knickerbocker Management, LLC for summary judgment dismissing the complaint, unanimously affirmed, without costs. Defendants established a prima facie entitlement to summary judgment in this action where plaintiff was injured when he allegedly slipped and fell on snow and ice while traversing a cement walkway leading to a building owned by Sagamore and managed by Knickerbocker. The climatological data relied upon by defendants’ expert meteorologist was prima facie evidence of the facts stated therein (CPLR 4528), and the expert permissibly concluded that due to temperatures that were well above freezing 38
in the 12 hours prior to plaintiff’s fall, it would have been impossible for there to have been a precipitation-related ice or snow accumulation in the vicinity of plaintiff’s fall. Contrary to plaintiff’s contention, it was not speculative for defendants’ qualified expert to conclude that the temperatures were at levels that would have caused melting on the days prior to and of the accident (compare Neidert v Austin S. Edgar, Inc., 204 AD2d 1030 [1994]). The affidavit of plaintiff’s friend does not raise a triable issue of material fact, in the face of the evidence that ice could not have been present on the walkway at the time of the accident (see Leo v Mt. St. Michael Academy, 272 AD2d 145, 146 [2000]). The court also properly discounted plaintiff’s photographs taken the day after the accident, where the photos were not of the accident location. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: APRIL 15, 2008 _______________________ CLERK 39
Page 1 and 2: SUPREME COURT, APPELLATE DIVISION F
Page 3 and 4: Lippman, P.J., Tom, Williams, Acost
Page 5 and 6: Danann Realty Corp. v Harris, 5 NY2
Page 7 and 8: Circle Rubbish launched “a force
Page 9 and 10: classes, and scheduling visits with
Page 13 and 14: was cut too deep. Defendants’ the
Page 21 and 22: witnesses and collective tailoring
Page 23 and 24: stipulated to the grounds, and the
Page 29 and 30: Mullaney v Wilbur, 421 US 684 [1975
Page 33 and 34: liability claims “share few, if a
Page 35 and 36: ecords of drug transactions and def
Page 37: argument that this testimony invade
Page 41 and 42: individual as the sole tenant in th
Page 43 and 44: opposed the motion, and pending the
Page 45 and 46: that defendant’s vehicle was regi
Page 47 and 48: arrests respectively. In fact, one
Page 49 and 50: inmate-victim who vaguely claimed t
Page 51 and 52: CATTERSON, J. (dissenting) Because
Page 53 and 54: person that’s in the cell closest
Page 55 and 56: evidence that anyone had intimidate
Page 57 and 58: him. See People v. Harte, 29 A.D.3d
Page 59 and 60: summary judgment on his Labor Law
Page 61 and 62: aise a triable issue as to construc
Page 63 and 64: specific substance of the conversat
Page 65 and 66: Gonzalez, J.P., Williams, Catterson
Page 67 and 68: Mazzarelli, J.P., Andrias, Friedman
Page 69 and 70: interest of justice. As an alternat
Page 77 and 78: leave to amend the complaint to ass
Page 79 and 80: in the first degree. After being de
Page 83 and 84: decline to review it in the interes
Page 85 and 86: panelist understood that he needed
Page 89 and 90:
Mazzarelli, J.P., Andrias, Friedman
Page 91 and 92:
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to be compensated for its services
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Lippman, P.J., Saxe, Nardelli, Will
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Lippman, P.J., Tom, Mazzarelli, And
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Tom, J.P., Andrias, Friedman, Gonza
Page 105 and 106:
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Gonzalez, J.P., Nardelli, Buckley,
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The Following Orders Were Entered A
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