Chelnitsky v. Amalgamated Warbasse Houses, Inc.

Summary

The Appellate Division, Second Department, reversed an order denying the defendant's motion for summary judgment in a personal-injury action arising from the plaintiff's fall in a parking lot. The court held that video surveillance established that the plaintiff fell after traversing the speed bump, rather than because of a crack in it, and therefore any alleged negligence in maintaining the speed bump was not a proximate cause of the accident.

Holdings

1. The defendant was entitled to summary judgment because the video surveillance established prima facie that the plaintiff did not trip on a crack in the speed bump and that any negligence in maintaining the speed bump was not a proximate cause of the accident.
2. The plaintiff failed to raise a triable issue of fact in opposition to the defendant's motion.

Questions Presented

1. Whether the defendant established entitlement to summary judgment by demonstrating that an alleged defect in the speed bump was not a proximate cause of the plaintiff's fall.
2. Whether the plaintiff raised a triable issue of fact in opposition to the defendant's summary judgment motion.

Disposition

reversed