Bitterman v. Grotyohann
Cases that cite this one
21 later published cases cite this decision.
- Seitz v. TJX Companies, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Igbodudu-Edwards v. Board of Managers of the Parkchester North Condominium, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Igbodudu-Edwards v. Board of Managers of the Parkchester North Condominium, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Lissauer v. Shaarei Halacha, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Jackson v. Fenton (Appellate Division of the Supreme Court of New York 2007)
- Lee v. J & R Electronic, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Denicola v. Costello (Appellate Division of the Supreme Court of New York 2007)
- Plowden v. Stevens Partners, LLC (Appellate Division of the Supreme Court of New York 2007)
- Holy Name of Jesus Roman Catholic Church v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2006)
- Goldberger v. Goldberger (Appellate Division of the Supreme Court of New York 2006)
- Johnson v. Samuel (Appellate Division of the Supreme Court of New York 2005)
- D'Ambra v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2005)
- Rodriguez v. Cafaro (Appellate Division of the Supreme Court of New York 2005)
- Vichnevskaia v. 200 West 86th Apartment Corp. (Appellate Division of the Supreme Court of New York 2005)
- Castano v. Aguera (Appellate Division of the Supreme Court of New York 2005)
- Kane v. Estia Greek Restaurant, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Romanowski v. Yahr (Appellate Division of the Supreme Court of New York 2004)
- Penge v. Board of Education (Appellate Division of the Supreme Court of New York 2004)
- Hyman v. Queens County Bancorp, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Zimmerman v. Yuskevich (Appellate Division of the Supreme Court of New York 2003)
- Koller v. Leone (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, the plaintiff appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated April 27, 2001, which granted the defendants’ cross motion for summary judgment dismissing the complaint and denied as academic her motion for a trial preference.
Ordered that the order is affirmed, with costs.
The defendant homeowners satisfied their initial burden on
The evidence offered by the plaintiff in opposition was insufficient to raise a triable issue of fact. The plaintiff testified at her deposition that she did not know what caused her to fall, and she did not notice any defect on the front steps. The plaintiff offered expert evidence that the height differential of the concrete steps and the length of the handrails failed to conform to the applicable provisions of the New York City Building Code. However, a determination that these alleged defects, rather than a misstep or loss of balance, were a proximate cause of the plaintiffs accident would be based on sheer speculation (see Jefferson v Temco Servs. Indus., 272 AD2d 196; see also Conry v Avellino, 287 AD2d 478). Florio, J.P., O’Brien, Krausman and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.