MASHOZHERA v. EL NUEVO JB BAKERY INC.

Index No. 25380/17E. Appeal No. 13221. Case No. 2020-02831.

191 A.D.3d 605 (2021)

143 N.Y.S.3d 26

2021 NY Slip Op 01203

Sheba Mashozhera, Appellant, v. El Nuevo JB Bakery Inc. et al., Respondents.

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

Decided February 25, 2021.


Attorney(s) appearing for the Case

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for appellant.

White & McSpedon, P.C., New York ( Joseph W. Sands of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.


Defendants failed to establish their prima facie entitlement to judgment as a matter of law. Although the manager of the property at the time of the accident testified that no one else fell on the bakery's exterior steps and no violations were issued for the location before the accident, defendants submitted no expert affidavit with their moving papers opining that the exterior steps were not designed in a negligent manner and complied with any rules or standards applicable...

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