Jones v. 550 Realty Heights, LLC
Cases that cite this one
4 later published cases cite this decision.
- Velasquez v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2025)
- Mashozhera v. El Nuevo JB Bakery Inc. (Appellate Division of the Supreme Court of New York 2021)
- Hernandez v. Aldus III Associates, LP (Appellate Division of the Supreme Court of New York 2014)
- Hernandez v. Aldus III Associates, LP (Appellate Division of the Supreme Court of New York 2014)
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
Defendants’ failed to meet their initial burden of demonstrating entitlement to judgment as a matter of law on the issue of whether they lacked constructive notice that the subject step was worn, because they failed to address the allegation in their moving papers (see Sanchez v Irun, 83 AD3d 611, 611-612 [2011]; James v Loran Realty V Corp., 61 AD3d 561, 562 [2009]). Defendants rely on the portion of plaintiffs deposition in which he testified that a puddle caused him to fall, however, he also testified that the worn condition of the step could have contributed to his accident (see Ruffin v Chase Manhattan Bank, N.A., 66 AD3d 549, 549-550 [2009]; Garcia v New York City Tr. Auth., 269 AD2d 142 [2000]). Concur — Moskowitz, J.E, Renwick, DeGrasse, Abdus-Salaam and Román, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.