Aquila v. Nathan's Famous, Inc.
Cases that cite this one
14 later published cases cite this decision.
- E.W. v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Eskridge v. TJBM Enters., Inc. (Appellate Division of the Supreme Court of New York 2019)
- Christopher J.G. v. Derico of E. Amherst Corp. (Appellate Division of the Supreme Court of New York 2019)
- SMITH, TERRY v. SZPILEWSKI, EUGENE (Appellate Division of the Supreme Court of New York 2016)
- Smith v. Szpilewski (Appellate Division of the Supreme Court of New York 2016)
- Smith v. Szpilewski (Appellate Division of the Supreme Court of New York 2016)
- Hoffman v. Mucci (Appellate Division of the Supreme Court of New York 2015)
- Donnelly v. St. Agnes Cathedral School (Appellate Division of the Supreme Court of New York 2013)
- Donnelly v. St. Agnes Cathedral School (Appellate Division of the Supreme Court of New York 2013)
- Fontana v. R.H.C. Development, LLC (Appellate Division of the Supreme Court of New York 2010)
- DeCarlo v. Village of Dobbs Ferry (Appellate Division of the Supreme Court of New York 2007)
- Lezama v. 34-15 Parsons Blvd, LLC (Appellate Division of the Supreme Court of New York 2005)
- Brenner v. New York City Board of Education (Appellate Division of the Supreme Court of New York 2002)
- Lesser v. Apron Associates (Appellate Division of the Supreme Court of New York 2002)
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
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated August 17, 2000, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff Madeline Aquila allegedly sustained injuries when the door to the ladies’ room at the defendant’s restaurant closed on her right hand as she was attempting to push it open. The plaintiffs claim that the excessive weight of the door, and a defective closing device, proximately caused the accident.
In support of its motion for summary judgment, the defendant submitted the deposition testimony of the general manager of the restaurant where the accident occurred. The witness stated that, during the three-year period prior to the occurrence, no work had been performed on the door, the door frame, or the door-closing device, and she had not been advised of any complaints regarding the functioning of the subject door. The defendant thus established a prima facie case that the
In opposition to the defendant’s motion, the plaintiffs failed to submit an affidavit of an engineering expert attesting to the alleged defect (see, Maldonado v Su Jong Lee, supra), or any other evidence that raised a triable issue of fact (see, CPLR 3212 [b]). Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.