CASELLAS v. PROANO

Index No. 20732/15E. Appeal No. 12965. Case No. 2020-03011.

190 A.D.3d 634 (2021)

136 N.Y.S.3d 738

2021 NY Slip Op 00488

Luz Casellas, Appellant, v. Gabriella Proano, Appellant, and Amanda's Place, LLC, Respondent.

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

Decided January 28, 2021.


Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for Luz Casellas, appellant.

Nicolini, Paradise, Ferretti & Sabella, PLLC, Mineola ( John J. Nicolini of counsel), for Gabriella Proano, appellant.

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for respondent.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.


Amanda's Place sustained its prima facie burden of showing that its gutters played no role in the creation or exacerbation of the icy condition that allegedly caused the accident (see Kaufman v Silver, 227 A.D.2d 383, 383-384 [2d Dept 1996], affd 90 N.Y.2d 204 [1997]). Although Amanda's Place's expert opined that icicles hanging from the gutters extending from Amanda's Place's property into...

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