JAMES v. KENSINGTON ASSOCIATES, LLC

Index No. 151262/14. Appeal No. 13415. Case No. 2020-02852.

192 A.D.3d 587 (2021)

2021 NY Slip Op 01847

Lisa-Erika James, Appellant, v. Kensington Associates, LLC, et al., Respondents.

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

Decided March 25, 2021.


Attorney(s) appearing for the Case

Hach & Rose, LLP, New York ( Natasha Berg of counsel), for appellant.

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Stephen D. Straus of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Singh, González, JJ.


Plaintiff makes no argument that the video of defendants' stairwell, which was edited insofar as to just include footage of her using the stairs, ever depicted her stumbling or falling on the stairs on November 13, 2013 between the hours of 7:00 p.m. and 8:00 p.m., as she claims. Plaintiff's counsel never requested the raw video footage to review, and in fact affirmatively declined the opportunity. The video evidence established defendants' prima facie entitlement to summary...

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