Huddleson v. Upper New York Realty

Full title: CLAIRE HUDDLESON, Respondent, v. UPPER NEW YORK REALTY et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 7, 1992

186 A.D.2d 1064 (N.Y. App. Div. 1992)

588 N.Y.S.2d 486

Opinion

October 7, 1992

Appeal from the Supreme Court, Onondaga County, Pooler, J.

Present — Denman, P.J., Pine, Lawton, Boehm and Davis, JJ.

Order and judgment unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff contends that she was injured when a door at a mall owned by defendants closed too fast, causing her to fall. After a bifurcated trial on the issue of liability, the jury found defendants negligent and returned a verdict in plaintiff's favor. We reverse. Plaintiff's proof failed to establish that there was a dangerous condition or that there was any defect in the door (see, Birdsall v Montgomery Ward Co., 109 A.D.2d 969, 971, affd 65 N.Y.2d 913; Koch v Otis El. Co., 10 A.D.2d 464, 467).