From Casetext: Smarter Legal Research

Passarelli v. R.L. Hirsch Assoc

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 590 (N.Y. App. Div. 2000)

Opinion

Argued March 2, 2000.

April 20, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), entered May 7, 1999, as granted the cross motion of the defendants R.L. Hirsch Assoc., Ltd., and Condominium Medical Arts Building of Bay Shore, Inc., for summary judgment dismissing the complaint insofar as asserted against them.

Siben Ferber (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for appellants.

Michael F. X. Manning, Garden City, N. Y. (John P. Humphreys and David R. Holland of counsel), for respondents.

MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendants R.L. Hirsch Assoc., Ltd., and Condominium Medical Arts Building of Bay Shore, Inc., established prima facie their entitlement to summary judgment dismissing the complaint insofar as asserted against them. In opposition, the plaintiffs failed to demonstrate that the alleged negligence of those defendants in failing to construct a handrail in conformance with the New York State Uniform Fire Prevention and Building Code (see, 9 NYCRR 765.4[a][13]) was a proximate cause of the injuries allegedly sustained by the plaintiff Patricia Passarelli (see, Amadio v. Pathmark Stores, 253 A.D.2d 834 ).


Summaries of

Passarelli v. R.L. Hirsch Assoc

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 590 (N.Y. App. Div. 2000)
Case details for

Passarelli v. R.L. Hirsch Assoc

Case Details

Full title:PATRICIA PASSARELLI, et al., appellants, v. R.L. HIRSCH ASSOC., LTD., et…

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

Date published: Apr 20, 2000

Citations

271 A.D.2d 590 (N.Y. App. Div. 2000)
707 N.Y.S.2d 334

Citing Cases

Canela v. Audobon Gardens Realty Corp.

Since, in my view, any alleged defect in the maintenance of the defendant's premises cannot be deemed a…