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McRAE v. NEW YORK FLOWER, LLC

Index No. 21267/16E. Appeal No. 14190. Case No. 2020-03581.

197 A.D.3d 1043 (2021)

151 N.Y.S.3d 882

2021 NY Slip Op 05087

Orrin McRae, Respondent, v. New York Flower, LLC, Defendant, and C&P Real Estate Holdings, LLC, Appellant.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Varvaro, Cotter & Bender, White Plains ( Stephen J. Cassels of counsel), for appellant.

CellinoLaw LLP, New York ( John Lavelle of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.

Defendant C&P failed to establish its prima facie entitlement to summary judgment. Contrary to defendant's contention that plaintiff did not adequately identify the cause of his fall, plaintiff testified that he saw ice on the ground immediately after he slipped and fell and described the ice as hard and the ice patch as larger than his foot (Lakins v 171 E. 205th St. Corp., 118 A.D.3d 451 [1st Dept 2014]; see also Dixon v...

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