CASTALDO v. MANHATTAN MINI STOR. LLC

Index No. 159271/18. Appeal No. 16762. Case No. 2022-02423.

211 A.D.3d 401 (2022)

179 N.Y.S.3d 216

2022 NY Slip Op 06863

Michael Castaldo et al., Appellants, v. Manhattan Mini Storage LLC et al., Respondents.

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

Decided December 1, 2022.


Attorney(s) appearing for the Case

Mischel & Horn, New York ( Scott T. Horn of counsel), for appellants.

Cozen O'Connor, New York ( Eric J. Berger of Counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Moulton, González, Rodriguez, Higgitt, JJ.


Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered March 3, 2022, which denied plaintiffs' motion for summary judgment and granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this case of a slip and fall on a landing of a staircase, defendants made a prima facie showing of entitlement to judgment as a matter of law. Plaintiff Michael Castaldo testified that it was not raining when he first...

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