General

Ada Lugo, Respondent, v. Belmont Boulevard Housing Development Fund Company, Inc., Appellant

157 A.D.3d 55966 N.Y.S.3d 877·New York Supreme Court, Appellate Division·2018·NY

Concur—Acosta, P.J., Sweeny, Gische, Andrias and Gesmer, JJ.

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Ada Lugo, Respondent, v Belmont Boulevard Housing Development Fund Company, Inc., Appellant. [66 NYS3d 877] [MAJORITY] Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about June 20, 2017, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Defendant failed to establish its entitlement to judgment as a matter of law, in this action where plaintiff was injured when the door to a trash compactor room closed on her thumb. Defendant failed to offer expert analysis to show that the condition of the door was not dangerous or defective, and instead relied on the testimony of its employees, who merely observed the door and found that it functioned properly (see Siciliano v Henry Modell & Co., Inc., 85 AD3d 534, 536 [1st Dept 2011]; compare Hunter v Riverview Towers, 5 AD3d 249 [1st Dept 2004]). Concur—Acosta, P.J., Sweeny, Gische, Andrias and Gesmer, JJ.