BURTON v. KHEDOURI EZAIR CORP.

10658. 156604/15.

178 A.D.3d 624 (2019)

2019 NY Slip Op 09379

Sheena Burton, Appellant, v. Khedouri Ezair Corp. et al., Respondents, et al., Defendant.

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

Decided December 26, 2019.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York ( Christopher J. Soverow of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for Khedouri Ezair Corp. and 7 Just One Corp., respondents.

McManus Atheshoglou Aiello & Apostolakos, PLLC, New York ( Peter Naber of counsel), for H.K. Paris Inc., respondent.

Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.


The court properly granted summary judgment in favor of Voila, in that plaintiff's testimony, affidavit, and supplemental bill of particulars indicated that she fell in front of Iggy's, or where the door to the residences met the front of Iggy's. It was undisputed that Voila's premises was a distance away from that area; plaintiff testified that it had nothing to do with her fall; and she presented no evidence that the black ice on which she allegedly fell was created by...

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