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The plaintiff in this case is Line Viviane Rangon. The defendants in the case are Skillman Avenue Corp., Lal C. Sani and First Pioneer Properties Inc. The case is being heard in the Supreme Court of the State of New York in Kings County.
Case Background
On the 9th of October, 2007, the plaintiff started an instant action by filing a summons and verified complaint in the Kings County Clerks office. The movants joined the issue by providing a verified answer on the 26th of November, 2007. A stipulation was ordered on the 17th of March, 2008 and the plaintiff discontinued her instant action against Lal C. Sani, with prejudice. The movants are the only remaining defendants in the action.
The plaintiff filed a note of issue on the 8th of July. The plaintiff is seeking to recover damages for personal injuries that were allegedly sustained when she fell down a set of stairs located at 3302 Skillman Avenue in Long Island City, New York. Skillman Avenue Corp. is the owner of the property and First Pioneer Properties, Inc. is the manager of the property.
The complaint alleges forty seven allegations of fact to support the three cause of action. The plaintiff states that she was coming down the stairs when her foot was caught in a crack, which caused her to trip and then fall.
Case Discussion
The plaintiff can name the exact cause of her fall. She states there is a crack in the last stair of the staircase and this is what caused her to fall. The movants argue that they did not have constructive notice of the condition, which is required in order for liability to lie within the defendant in a case of a trip and fall.
In this case, the movants have simply tried to shift the burden of proof to the plaintiff by pointing to gaps in her proof. For this reason, the defendants have not established prima facie in their case to warrant an order for summary judgment. The motion for summary judgment by the defendants is denied.
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