Lutterloh v. City of New York
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants Mid State Management Corporation and Notre Dame Leasing Limited Liability Company appeal from an order of the Supreme Court, Queens County (Weiss, J.), entered March 25, 2010, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
The plaintiff Gloria E. Lutterloh (hereinafter the plaintiff) allegedly sustained personal injuries as a result of her exposure to a chemical substance as she rode in an elevator to the seventh floor of the apartment building where she resided. Shortly prior to the plaintiffs exposure, the New York City Fire Department had arrived at the building in response to a complaint of a material spill and/or odor and determined that the source was allegedly a fluid used as an insecticide in an apartment on the fourth floor.
After the plaintiffs commenced this action, the appellants moved for summary judgment dismissing the complaint insofar as asserted against them. We agree with the Supreme Court that the appellants failed to make a prima facie showing of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.