Appellate Division of the Supreme Court of New York, 1992

Huddleson v. Upper New York Realty

Huddleson v. Upper New York Realty
Appellate Division of the Supreme Court of New York · Decided October 7, 1992
186 A.D.2d 1064
Huddleson v. Upper New York Realty

Opinion of the Court

— Order and judgment unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff contends that she was injured when a door at a mall owned by defendants closed too fast, causing her to fall. After a bifurcated trial on the issue of liability, the jury found defendants negligent and returned a verdict in plaintiff’s favor. We reverse. Plaintiff’s proof failed to establish that there was a dangerous condition or that there was any defect in the door (see, Birdsall v Montgomery Ward & Co., 109 AD2d 969, 971, affd 65 NY2d 913; Koch v Otis El. Co., 10 AD2d 464, 467). (Appeal from Order and Judgment of Supreme Court, Onondaga County, Pooler, J. — Negligence.) Present — Denman, P. J., Pine, Law-ton, Boehm and Davis, JJ.

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