DeOrdio v. Golembieski
Cases that cite this one
2 later published cases cite this decision.
- McKenna v. Forsyth & Forsyth (Appellate Division of the Supreme Court of New York 2001)
- Cerni v. Zambrana (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff was injured when she slipped on the front stairs of her residence, leased by her father from defendant. The complaint alleges that defendant was negligent in allowing or causing to exist “icy and unsafe conditions”, namely, defendant failed to install gutters on the roof of the house “so as to channel water away from” the front stairs. Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. Defendant failed to establish his entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557, 562). In support of his motion, defendant submitted the deposition testimony of
The court properly denied the cross motion of plaintiff for leave to amend her bill of particulars to include new theories of liability. The cross motion was made five months after the filing of the note of issue and nearly five years after the accident, and plaintiff made no showing of special or extraordinary circumstances (see, Lycett v Niagara Frontier Tr. Sys., 81 AD2d 1034).
We modify the order, therefore, by denying defendant’s motion and reinstating the complaint. (Appeal from Order of Supreme Court, Onondaga County, Elliott, J. — Summary Judgment.) Present — Green, A. P. J., Wisner, Pigott, Jr., Hurlbutt and Scudder, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.