Lissauer v. Shaarei Halacha, Inc.
Cases that cite this one
17 later published cases cite this decision.
- Haibi v. 790 Riverside Drive Owners, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Humphrey v. Merivil (Appellate Division of the Supreme Court of New York 2013)
- Humphrey v. Merivil (Appellate Division of the Supreme Court of New York 2013)
- Aprea-Smith v. Smith (Appellate Division of the Supreme Court of New York 2010)
- Denicola v. Costello (Appellate Division of the Supreme Court of New York 2007)
- Macdonald v. Palace Entertainment, LLC (Appellate Division of the Supreme Court of New York 2025)
- Villanueva v. DJ's Intl. Buffet, Inc. (Appellate Division of the Supreme Court of New York 2023)
- Navarre v. Ketcham (Appellate Division of the Supreme Court of New York 2014)
- Belousov v. Warnock (Appellate Division of the Supreme Court of New York 2013)
- Belousov v. Warnock (Appellate Division of the Supreme Court of New York 2013)
- Aguilar v. Anthony (Appellate Division of the Supreme Court of New York 2011)
- Roldan v. New York University (Appellate Division of the Supreme Court of New York 2011)
- Martone v. Shields (Appellate Division of the Supreme Court of New York 2010)
- Baffa v. New Plan of Hillside Village, LLC (Appellate Division of the Supreme Court of New York 2010)
- Stock v. Otis Elevator Co. (Appellate Division of the Supreme Court of New York 2008)
- Reiff v. Beechwood Browns Road Building Corp. (Appellate Division of the Supreme Court of New York 2008)
- Costantino v. Webel (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 defendant Yeshiva Sharei Hatzlucha, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated September 9, 2005, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint insofar as asserted against the defendant Yeshiva Sharei Hatzlucha, Inc., is granted.
The plaintiff allegedly sustained injuries when he fell down an exterior stairway located at a synagogue known as Beth Medrash Emek Halacha. The defendant Yeshiva Sharei Hatzlucha, Inc. (hereinafter the defendant), occupied a portion of the synagogue.
The defendant made a prima facie showing of entitlement to judgment as a matter of law by establishing that the plaintiff was unable to identify the cause of his fall (see Rodriguez v Cafaro, 17 AD3d 658 [2005]; Velazquez v Caravan Bus Serv., 4 AD3d 416, 417 [2004]; Burnstein v Mandalay Caterers, 306 AD2d 428 [2003]; Koller v Leone, 299 AD2d 396, 397 [2002]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). The plaintiff submitted expert evidence that the step risers, floor levels, and tread widths did not comply with various sections of the New York City Building Code. However, a determination that these alleged defects proximately caused the plaintiff’s accident, rather than a misstep or loss of balance, is based on sheer speculation (see Bitterman v Grotyohann, 295 AD2d 383, 384
Accordingly, the defendant’s motion for summary judgment should have been granted. Mastro, J.E, Krausman, Fisher and Lifson, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.