Palmer v. Prima Properties, Inc.
Opinion of the Court
The defendant failed to establish its prima facie entitlement to judgment as a matter of law, as it did not demonstrate that the stairs in question need not have been equipped with a hand
Accordingly, the Supreme Court erred in granting the defendant’s motion for summary judgment dismissing the complaint. Since the defendant failed to meet its prima facie burden in the first instance, the Supreme Court should have denied the defendant’s motion regardless of the sufficiency of the plaintiffs opposition papers (see Boudreau-Grillo v Ramirez, 74 AD3d at 1267-1268; Wajdzik v YMCA of Greater N.Y., 65 AD3d at 587). Skelos, J.P., Hall, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.