BARRETO v. GROTE ST. APTS., L.P.

Index No. 23239/17E. Appeal No. 14943. Case No. 2021-02014.

201 A.D.3d 401 (2022)

156 N.Y.S.3d 722

2022 NY Slip Op 00003

Luis Barreto, Respondent, v. Grote Street Apartments, L.P., et al., Appellants.

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

Decided January 4, 2022.


Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, LLP, White Plains ( Matthew Rosen of counsel), for appellants.

Law Offices of Patrick J. Mullaney, P.C., Forest Hills ( Kevin G. Lillis of counsel), for respondent.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.


Defendants failed to establish their entitlement to summary judgment. Despite defendants' contention to the contrary, plaintiff identified the defect that caused him to slip and fall on the staircase, testifying that he slipped because the last two steps before the third-floor landing were "not at the same level." At any rate, even had plaintiff been unable to identify the cause of his fall, the affidavit submitted by plaintiff's expert opined that the accident could have...

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