Kudrina v. 82-04 Lefferts Tenants Corp.
Cases that cite this one
21 later published cases cite this decision.
- Aristizabal v. Kostakopoulos (Appellate Division of the Supreme Court of New York 2018)
- Defino v. Interlaken Owners, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Dasilva v. Shah (Appellate Division of the Supreme Court of New York 2020)
- Haxton v. PL Smithtown, LLC (District Court, E.D. New York 2020)
- Davis v. Sutton (Appellate Division of the Supreme Court of New York 2016)
- Hobbins v. Flatlands Mgt. Co. (New York Supreme Court, Kings County 2025)
- Von Euw v. Frisco, LLC (Appellate Division of the Supreme Court of New York 2020)
- Lee v. International Preschools (Appellate Division of the Supreme Court of New York 2019)
- Hoovis v. Grand City 99 Cents Store, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Giordano v. Giordano (Appellate Division of the Supreme Court of New York 2016)
- Baldasano v. Long Island University (Appellate Division of the Supreme Court of New York 2016)
- Mitgang v. PJ Venture HG, LLC (Appellate Division of the Supreme Court of New York 2015)
- Gotay v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2015)
- O'Connor v. Metro Management Development, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Giannotti v. Hudson Valley Federal Credit Union (Appellate Division of the Supreme Court of New York 2015)
- Rodriguez v. 1790 Broadway Associates, LLC (Appellate Division of the Supreme Court of New York 2014)
- Balashanskaya v. Polymed Community Care Center, P.C. (Appellate Division of the Supreme Court of New York 2014)
- Rivera v. J. Nazzaro Partnership, L.P. (Appellate Division of the Supreme Court of New York 2014)
- Baldwin v. Windcrest Riverhead, LLC (Appellate Division of the Supreme Court of New York 2014)
- Baldwin v. Windcrest Riverhead, LLC (Appellate Division of the Supreme Court of New York 2014)
- Baldwin v. Windcrest Riverhead, LLC (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
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Sampson, J.), entered December 1, 2011, which granted the motion of the defendants 82-04 Lefferts Tenants Corp. and LTD Management for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly sustained personal injuries when she fell on the sidewalk abutting premises owned by the defendant 82-04 Lefferts Tenants Corp., and managed by the defendant LTD Management (hereinafter together the moving defendants). The plaintiff thereafter commenced this action against the moving defendants, among others. The moving defendants moved for summary judgment dismissing the complaint insofar as asserted against them. The Supreme Court granted the mo
To impose liability upon the moving defendants for the plaintiff’s injuries, there must be evidence showing the existence of a dangerous or defective condition, and that the moving defendants either created the condition or had actual or constructive notice of it and failed to remedy it within a reasonable time (see Winder v Executive Cleaning Servs., LLC, 91 AD3d 865 [2012]; Davis v Rochdale Vil., Inc., 63 AD3d 870 [2009]; Starling v Suffolk County Water Auth., 63 AD3d 822 [2009]; Medina v Sears, Roebuck & Co., 41 AD3d 798 [2007]). A plaintiff’s inability to identify what had caused him or her to fall is fatal to his or her case, and a defendant moving for summary judgment dismissing the complaint can meet its initial burden as the movant simply by demonstrating that the plaintiff did not know what had caused him or her to fall (see Dennis v Lakhani, 102 AD3d 651 [2013]; Zalot v Zieba, 81 AD3d 935 [2011]). Here, the moving defendants established their prima facie entitlement to judgment as a matter of law by submitting, inter alia, a transcript of the deposition testimony of the plaintiff, which showed that the plaintiff merely speculated as to the cause of her fall (see Hunt v Meyers, 63 AD3d 685 [2009]; Ludin v Crestwood Country Day School, Inc., 36 AD3d 866 [2007]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Litvinoff v Kaur, 102 AD3d 928 [2013]).
Accordingly, the Supreme Court correctly granted the moving defendants’ motion for summary judgment dismissing the complaint insofar as asserted against them. Mastro, J.P., Angiolillo, Leventhal and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.