CARMEL v. THE YOUNG MEN'S AND YOUNG WOMEN'S HEBREW ASSOCIATION

Index No. 152741/18. Appeal No. 15136-15136A. Case No. 2021-02083. 2021-03445.

201 A.D.3d 564 (2022)

157 N.Y.S.3d 709

2022 NY Slip Op 00370

Kay Carmel, Appellant, v. The Young Men's and Young Women's Hebrew Association, Doing Business as 92nd Street Y, Respondent.

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

Decided January 25, 2022.


Attorney(s) appearing for the Case

Jaroslawicz & Jaros PLLC, New York ( Elizabeth Eilender and David Tolchin of counsel), for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Sari Havia of counsel), for respondent.

Concur—Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.


Defendant sustained its initial burden of demonstrating prima facie entitlement to summary judgment. The surveillance video, which showed plaintiff tripping and falling on the front stairs of defendant's building, showed that plaintiff placed only the front portion of her foot on the third stair, causing her to lose her balance and fall. Thus, the video appears to show that the proximate cause of the accident was plaintiff's failure to put her entire foot on the third step...

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