SERRANO v. BROOK PLAZA, LLC

450493/18. Appeal No. 16914. Case No. 2021-03067.

211 A.D.3d 549 (2022)

178 N.Y.S.3d 437

2022 NY Slip Op 07171

Jose Serrano, Respondent, v. Brook Plaza, LLC, et al., Appellants.

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

Decided December 15, 2022.


Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York ( Daniel S. Kotler of counsel), for appellants.

Hasapidis Law Offices, South Salem ( Annette G. Hasapidis of counsel), for respondent.

Concur—Renwick, J.P., Shulman, Rodriguez, Higgitt, JJ.


Order, Supreme Court, New York County (Lewis J. Lubell, J.), entered on or about August 2, 2021, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to establish prima facie entitlement to summary judgment, as they did not present any evidence that the accident did not occur on their property. Moreover, contrary to defendants' contentions, plaintiff repeatedly testified that a "break...

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