Hyman v. Queens County Bancorp, Inc.
Cases that cite this one
36 later published cases cite this decision. The 25 that cite it most often are listed here.
- Joseph W. Powers v. 31 E 31 LLC (N.Y. 2014)
- 71st Street Lexington Corp. v. Wattman (Appellate Division of the Supreme Court of New York 2016)
- Khan v. Bangla Motor & Body Shop, Inc. (Appellate Division of the Supreme Court of New York 2006)
- EXRP 14 Holdings LLC v. LS-14 Ave LLC (New York Supreme Court, New York County 2024)
- Jackson v. Bethel A.M.E. Church (Appellate Division of the Supreme Court of New York 2021)
- Monczyk v. Noam (Appellate Division of the Supreme Court of New York 2021)
- Tejada v. Schuman Properties, LLC (Appellate Division of the Supreme Court of New York 2017)
- Ziman-Scheuer v. Golden Touch Transportation of NY, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Baterna v. Maimonides Medical Center (Appellate Division of the Supreme Court of New York 2016)
- Ndiaye v. NEP West 119th Street L.P. (Appellate Division of the Supreme Court of New York 2016)
- Milan v. Yonkers Raceway Corp. (Appellate Division of the Supreme Court of New York 2015)
- Demaio v. Door Automation Corp. (Appellate Division of the Supreme Court of New York 2014)
- PARSLOW, BRYAN v. LEAKE, STEVEN B. (Appellate Division of the Supreme Court of New York 2014)
- Parslow v. Leake (Appellate Division of the Supreme Court of New York 2014)
- Parslow v. Leake (Appellate Division of the Supreme Court of New York 2014)
- Friedman v. 1753 Realty Co. (Appellate Division of the Supreme Court of New York 2014)
- Friedman v. 1753 Realty Co. (Appellate Division of the Supreme Court of New York 2014)
- FTBK Investor II LLC v. Genesis Holding LLC (New York Supreme Court 2014)
- AMT CADC Venture, LLC v. 455 CPW, L.L.C. (New York Supreme Court 2013)
- Powers v. 31 E 31 LLC (Appellate Division of the Supreme Court of New York 2013)
- Powers v. 31 E 31 LLC (Appellate Division of the Supreme Court of New York 2013)
- Madry v. Heritage Holding Corp. (Appellate Division of the Supreme Court of New York 2012)
- Madry v. Heritage Holding Corp. (Appellate Division of the Supreme Court of New York 2012)
- Fontaine v. Juniper Associates (New York Supreme Court 2009)
- Andrini v. Navarra (Appellate Division of the Supreme Court of New York 2008)
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
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
In this personal injury action, plaintiffs, responding to defendant’s motion for summary judgment, alleged that defendant’s premises violated city and state building code requirements regarding stairway handrails, relying on those alleged violations as evidence of a dangerous or defective condition on the premises. Plaintiffs claimed that the absence of a handrail on both sides of the stairway—the purported violation—was a proximate cause of plaintiff Alan Hyman’s fall down six or seven stairs.
A party opposing a motion for summary judgment must produce admissible evidence sufficient to require a trial on material questions of fact upon which the claim rests. Although plaintiffs argued that the absence of a second handrail violated city and state laws, not all buildings were subject to the cited codes and plaintiffs offered no evidence of what would have brought the subject building within the purview of those laws. Plaintiffs have thus failed to raise a triable issue of fact regarding the
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.