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Lee v. Ana Development Corp.

Supreme Court of New York, First Department

October 8, 2013

Kitty Lee, et al., Plaintiffs-Respondents,
v.
Ana Development Corp., et al., Defendants-Appellants, The Hecht Group Corp., et al., Defendants

Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for Ana Development Corp., appellant.

Lewis Brisbois Bisgaard & Smith, LLP, New York (Nicholas Hurzeler of counsel), for 1133 Lexington Avenue Realty Corp. and Don Filippo Restaurant, appellants.

Shayne, Dachs, Sauer & Dachs, LLP, Mineola (Norman H. Dachs of counsel), for Nail Clarity, Inc., appellant.

Baron Associates P.C., Brooklyn (Jeffrey Mania of counsel), for respondents.

Friedman, J.P., Richter, Feinman, Gische, JJ.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 11, 2012, which, insofar as appealed from as limited by the briefs, denied defendants-appellants' motions for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment accordingly.

At her deposition, plaintiff Kitty Lee repeatedly testified that she did not know what caused her to fall down the stairs or where precisely she fell, other than somewhere at the top of the stairs. This evidence establishes prima facie defendants' entitlement to judgment (see Rodriguez v Leggett Holdings, LLC, 96 A.D.3d 555 [1st Dept 2012]; Daniarov v New York City Tr. Auth., 62 A.D.3d 480 [1st Dept 2009]).

In opposition, plaintiffs failed to raise a triable issue of fact whether defendants' negligence was a proximate cause of Lee's fall.


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