BARDALES v. VAM REALTY CORP.

2013-02461, Index No. 45377/09.

124 A.D.3d 707 (2015)

998 N.Y.S.2d 650

DANIEL BARDALES, Appellant, v. VAM REALTY CORP., Defendant/Third-Party Plaintiff-Respondent. LA BOTTEGA OF HUNTINGTON, LLC, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 21, 2015.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The defendant established its entitlement to judgment as a matter of law dismissing the complaint through the submission of, among other things, the plaintiff's deposition testimony, which established that he was unable to identify the cause of his fall. While the plaintiff testified that the staircase handrail ended before the last step, a determination that this, or any of the other...

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