FEUERMAN v. MARRIOTT INTERNATIONAL, INC.

Index No. 154317/15. Appeal No. 15135. Case No. 2020-03669.

201 A.D.3d 566 (2022)

157 N.Y.S.3d 706

2022 NY Slip Op 00372

Paul Feuerman, as Executor of the Estate of Martin Zeiger, Deceased, et al., Appellants, v. Marriott International, Inc., et al., Respondents.

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

Decided January 25, 2022.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Andrew J. Fisher of counsel), for appellants.

Gilbert, King, McGinnis & Liferiedge, White Plains ( Jose M. Gomez of counsel), for respondents.

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


On October 12, 2014, plaintiffs' decedent tripped and fell in a hotel room owned, managed, and operated by defendants. Plaintiffs commenced suit, alleging negligent ownership and operation of the premises. Specifically, plaintiffs claimed that the bathroom contained an inoperable and inadequate lighting fixture. After discovery had been completed, defendants moved for summary judgment dismissing the complaint. In support of their motion, defendants annexed an unsworn expert...

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