BENNY v. CONCORD PARTNERS 46TH ST. LLC

Index No. 150119/12. Appeal No. 12681. Case No. 2019-21766.

192 A.D.3d 531 (2021)

2021 NY Slip Op 01550

Michael Benny, Appellant, v. Concord Partners 46th Street LLC et al., Respondents.

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

Decided March 18, 2021.


Attorney(s) appearing for the Case

Nguyen Leftt, P.C., New York ( Andrew D. Leftt of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York ( Paul M. Tarr of counsel), for Concorde Partners 46th Street LLC and Tintol LLC, respondents.

Braff, Harris, Sukoneck & Maloof, New York ( Adan J. Kipnis of counsel), for Havana Central NY 2 LLC and ELO Equity, LLC, respondents.

Concur— Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.


In this personal injury action, plaintiff alleges that he slipped on an icy condition on the sidewalk and injured his back in an attempt to not fall, during his employment as an emergency medical technician (EMT), while transporting a patient from the sidewalk to the ambulance.

In moving for summary judgment on the issue of liability, plaintiff argued that he was not negligent under the "danger invites rescue" doctrine. "Under the `danger invites rescue' doctrine...

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