Garcia-Rosales v. 370 Seventh Avenue Associates, LLC
Cases that cite this one
10 later published cases cite this decision.
- Coyle v. Dos-Santos (Appellate Division of the Supreme Court of New York 2024)
- Wong v. 15 Monroe Realty Inc. (Appellate Division of the Supreme Court of New York 2021)
- Wong v. 15 Monroe Realty Inc. (Appellate Division of the Supreme Court of New York 2021)
- Mitchell v. 423 W. 55th St. (Appellate Division of the Supreme Court of New York 2020)
- Vazquez v. Takara Condominium (Appellate Division of the Supreme Court of New York 2016)
- J-Line Inc. v. Leggett Ave. & So. Blvd. Realty Corp. (Appellate Division of the Supreme Court of New York 2015)
- Quing Sui Li v. 37-65 LLC (Appellate Division of the Supreme Court of New York 2014)
- Quing Sui Li v. 37-65 LLC (Appellate Division of the Supreme Court of New York 2014)
- Sims v. 3349 Hull Avenue Realty Co. (Appellate Division of the Supreme Court of New York 2013)
- Sims v. 3349 Hull Avenue Realty Co. (Appellate Division of the Supreme Court of New York 2013)
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
Defendant made a prima facie showing of entitlement to judgment as a matter of law with evidence that it was an out-of-possession landlord, it was not contractually obligated to make
In opposition, plaintiff failed to raise an issue of fact. Although plaintiff asserted in his bill of particulars that the subject stairs violated Administrative Code of the City of New York § 27-375, he failed to provide sufficient evidence to raise an issue as to whether the alleged structural defects caused his accident (compare Babich, 75 AD3d at 440). Plaintiffs deposition testimony is bereft of any claim that his fall was caused by the alleged defects of uneven, narrow steps, low handrails, or nonslip treads. Plaintiffs affidavit is insufficient to raise an issue of fact, since it “appears to have been tailored to avoid the consequences” of his testimony (Gemini v Christ, 61 AD3d 477, 477 [2009]). Plaintiffs expert affidavit also fails to raise an issue of fact, since it is not based on a physical inspection of the staircase (see Vazquez v JRG Realty Corp., 81 AD3d 555 [2011]).
We reject plaintiffs claim that summary judgment is premature because his expert was denied the opportunity to conduct a physical inspection. The motion court, in a preliminary conference order, permitted plaintiff to have an expert engineer inspect the premises. However, plaintiff never identified an engineer or proposed a date for the inspection. Accordingly, his claim that further disclosure is needed is unpersuasive given his own inaction (see National Union Fire Ins. Co. of Pittsburgh, Pa. v Glass Check Cashing Corp., 177 AD2d 419, 420 [1991]). Concur — Tom, J.P, Saxe, DeGrasse, Freedman and Román, JJ. [Prior Case History: 2010 NY Slip Op 31669(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.