Boyd v. Rome Realty Leasing Limited Partnership
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matadin v. Bank of Am. Corp. (Appellate Division of the Supreme Court of New York 2018)
- Santelises v. Town of Huntington (Appellate Division of the Supreme Court of New York 2015)
- Confessore v. Rossi Pharmacy, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Caprer v. Nussbaum (Appellate Division of the Supreme Court of New York 2006)
- Derise v. Jaak 773, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Cipriano v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Lamour v. Decimus (Appellate Division of the Supreme Court of New York 2014)
- Lamour v. Decimus (Appellate Division of the Supreme Court of New York 2014)
- Green v. Quincy Amusements, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Green v. Quincy Amusements, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Batts v. IBEX Construction, LLC (Appellate Division of the Supreme Court of New York 2013)
- Batts v. IBEX Construction, LLC (Appellate Division of the Supreme Court of New York 2013)
- Lawrence v. Norberto (Appellate Division of the Supreme Court of New York 2012)
- Giraldo v. Twins Ambulette Service, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Giraldo v. Twins Ambulette Service, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Cerniglia v. Loza Rest. Corp. (Appellate Division of the Supreme Court of New York 2012)
- Cerniglia v. Loza Rest. Corp. (Appellate Division of the Supreme Court of New York 2012)
- Bernardo v. 444 Route 111, LLC (Appellate Division of the Supreme Court of New York 2011)
- Haseley v. Abels (Appellate Division of the Supreme Court of New York 2011)
- Ortiz-Tulla v. Federated Department Stores, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Udoh v. Inwood Gardens, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Segree v. St. Agatha's Convent (Appellate Division of the Supreme Court of New York 2010)
- Flomenbaum v. New York University (Appellate Division of the Supreme Court of New York 2009)
- Boderick v. R.Y. Management Co. (Appellate Division of the Supreme Court of New York 2009)
- Howe v. Flatbush Presbyterian Church (Appellate Division of the Supreme Court of New York 2008)
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
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The Supreme Court erred in granting the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to sufficiently identify the cause of her trip and fall. All of the evidence must be viewed in the light most favorable to the plaintiff, as the opponent of the motion for summary judgment, and all reasonable inferences must be resolved in her favor (see Mitchell v Fiorini Landscape, 253 AD2d 860, 861 [1998]). A fair reading of the deposition testimony of the 96-year-old plaintiff is that she alternately referred to what she tripped and fell on as broken concrete and a hole. Furthermore, there are triable issues of fact as to whether the defendants had constructive notice of the defective condition on the walkway (see DeGruccio v 863 Jericho Turnpike Corp., 1 AD3d 472, 473 [2003]). Florio, J.P., Krausman, Luciano and Spolzino, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.