Appellate Division of the Supreme Court of New York, 2004

Birman v. Birman

Appellate Division of the Supreme Court of New York · Decided June 1, 2004

8 A.D.3d 219; 777 N.Y.S.2d 310; 2004 N.Y. App. Div. LEXIS 7442

Cases that cite this one

20 later published cases cite this decision.

Maglione v. Seabreeze By Water, Inc. (Appellate Division of the Supreme Court of New York 2014)
Maglione v. Seabreeze By Water, Inc. (Appellate Division of the Supreme Court of New York 2014)
Aguilar v. Anthony (Appellate Division of the Supreme Court of New York 2011)
Noel v. Starrett City, Inc. (Appellate Division of the Supreme Court of New York 2011)
Martone v. Shields (Appellate Division of the Supreme Court of New York 2010)
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)
Reed v. Piran Realty Corp. (Appellate Division of the Supreme Court of New York 2006)
Arbusto v. Amerada Hess Corp. (Appellate Division of the Supreme Court of New York 2005)
Bardales v. VAM Realty Corp. (Appellate Division of the Supreme Court of New York 2015)
Knudsen v. Mamaroneck Post No. 90 (Appellate Division of the Supreme Court of New York 2012)
Yefet v. Shalmoni (Appellate Division of the Supreme Court of New York 2011)
Ehrenberg v. Starbucks Coffee Co. (Appellate Division of the Supreme Court of New York 2011)
Ruffin v. Chase Manhattan Bank (Appellate Division of the Supreme Court of New York 2009)
Cangro v. Noah Builders, Inc. (Appellate Division of the Supreme Court of New York 2008)
Ludin v. Crestwood Country Day School, Inc. (Appellate Division of the Supreme Court of New York 2007)
Guiterrez v. Iannacci (Appellate Division of the Supreme Court of New York 2007)
Asaro v. Montalvo (Appellate Division of the Supreme Court of New York 2006)
McNally v. Sabban (Appellate Division of the Supreme Court of New York 2006)
Pena v. Women's Outreach Network, Inc. (Appellate Division of the Supreme Court of New York 2006)

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 (Fartnow, J.), dated December 1, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. The plaintiffs failure to establish the cause of her fall was fatal to her case {see Amadio v Pathmark Stores, 253 AD2d 834 [1998]). The defendants demonstrated their prima facie entitlement to judgment as a matter of law through the plaintiff’s deposition testimony that she was unable to identify the cause of her accident.

In opposition, the plaintiff failed to raise a triable issue of *220fact. The plaintiff alleged that she would not have fallen had the staircase been equipped with handrails. In addition, the plaintiffs expert opined in an affidavit that the subject staircase violated several provisions of the New York City Administrative Code contributing to an unsafe condition. However, the plaintiff failed to present any evidence connecting any allegedly unsafe condition to her fall (see Grob v Kings Realty Assoc., 4 AD3d 394 [2004]; see also Blanco v Oliveri, 304 AD2d 599 [2003]). Thus, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Ritter, J.P., Townes, Mastro and Skelos, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.