Noel v. Starrett City, Inc.
Cases that cite this one
6 later published cases cite this decision.
- Grossi v. Ralph Aievoli & Son, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Hod v. Fields (Appellate Division of the Supreme Court of New York 2013)
- Hod v. Fields (Appellate Division of the Supreme Court of New York 2013)
- Knudsen v. Mamaroneck Post No. 90 (Appellate Division of the Supreme Court of New York 2012)
- Rodriguez v. Leggett Holdings, LLC (Appellate Division of the Supreme Court of New York 2012)
- Rodriguez v. Leggett Holdings, LLC (Appellate Division of the Supreme Court of New York 2012)
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
The plaintiff Mayaline Noel (hereinafter the injured plaintiff) fell from an interior staircase of a building owned by the defendant. Thereafter, the injured plaintiff and her husband, suing derivatively, commenced this action to recover damages for personal injuries allegedly sustained as a result of the fall. By order dated October 7, 2010, the Supreme Court denied the defendant’s motion for summary judgment dismissing the complaint. We reverse.
Although the plaintiffs submitted an affidavit from an engineer who claimed that the staircase violated certain provisions of the Multiple Dwelling Law and the Administrative Code of the City of New York, the plaintiffs presented no evidence connecting these alleged violations to the injured plaintiffs fall. Therefore, “it would be speculative to assume that these alleged violations were a proximate cause of the accident” (Reiff v Beechwood Browns Rd. Bldg. Corp., 54 AD3d 1015,1015 [2008]; see Guiterrez v Iannacci, 43 AD3d 868 [2007]; Birman v Birman, 8 AD3d at 220; Grob v Kings Realty Assoc., 4 AD3d 394, 395 [2004]). Accordingly, the Supreme Court should have granted the defendant’s motion for summary judgment dismissing the complaint. Skelos, J.E, Hall, Lott and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.