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Defendant Moves for Summary Judgment in Slip and Fall Case, New York Appellate Court Decides


The plaintiff in the case is Michelle Miranda. The defendants in the case are Orb Management and 305 Second Avenue Associates, LP. The case is being heard in the Supreme Court of the State of New York located in New York County. The Honorable Carol R. Edmead is hearing the case.

This is a slip and fall action and the defendants have moved for a summary judgment in the matter. The defendants wish to have the complaint made against them by the plaintiff, Michelle Miranda, dismissed.

Case Facts

According to the complaint made by the plaintiff she slipped/tripped on the premises located at 303-305 Second Avenue in New York, New York on the 12th of February, 2008 at around quarter to three in the afternoon.

The building in question is sponsored by Defendant 305 and owned by Rutherford Place Condominium. Defendant Orb is the manager of the property and responsible for the all of the operations of the building.

The plaintiff states that she fell on the stairs leading to the medical offices located in the basement of the building. She says that the stairs were wet and defective. She further states that there were no mats in the lobby or near the staircase.

Defendant’s Argument

To support the motion for summary judgment the defendants point out that the plaintiff has testified that she was returning from her lunch hour that began around 2:30 in the afternoon. The plaintiff stated that she went to Dunkin Donuts located a few blocks away and it was snowing at the time. The plaintiff states that she used the main entrance upon her return and fell around 15 to 20 feet away from the entrance. She states that she slipped in water that was on the floor.

Further evidence submitted by the defendants is an affidavit from Wern, the building’s manager. The affidavit states that the stairs in question are made of marble and that each step has slip grip tape. The tape is about one inch in depth and goes across the entire stair. Additionally, there are railings on both the left and right side of the stairs and the steps are lighted. Prior to the fall the staff and Wern were not aware of any water on the stairs leading to the basement.

Plaintiffs Argument

The plaintiff argues that the defendants were informed about the wet condition on the stairs. She states that when she was leaving the building to go get her lunch she told the doorman that the steps were wet.

Court Discussion and Determination

The testimony made by the plaintiff has raised a triable issue in this case. The issue is whether or not the defendants were aware of the condition and failed to do anything about it.

In order for the court to issue a summary judgment in a case such as this the defendant must prove without a doubt that there are no triable issues in the matter. In this particular case the defendant has failed to do this.

For this reason the motion for summary judgment in favor of the defendant is denied.

If you have fallen and been injured you may want to discuss your case with a lawyer. Stephen Bilkis & Associates can help you determine your legal rights in regard to your accident. Contact one of our offices to set up a free consultation to discuss your case. Our offices are located throughout the city of New York for your convenience.

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