Lezama v. 34-15 Parsons Blvd, LLC, 16 A.D.3d 560 (N.Y. App. Div. 2d Dep't 2005). · Go Syfert
Lezama v. 34-15 Parsons Blvd, LLC, 16 A.D.3d 560 (N.Y. App. Div. 2d Dep't 2005). Cases Citing This Book View Copy Cite
101 citation events (101 in the last 25 years) across 5 distinct courts.
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At page 560 Establishing landowner liability for defective property conditions34 citing cases“in order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its…”the opinion's own words at *560, quoted by 39 later opinions · 29 listed here
  • Harris v. RCH Holdings, LLC, 242 A.D.3d 839 (N.Y. App. Div. 2d Dep't 2025).published 2 cites
    "In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Alaimo v. Sam's East, Inc., No. 7:20-cv-02782-VB (S.D.N.Y. Sept. 28, 2021).
    Lezama v. 34-15 Parsons Blvd, LLC, 16 A.D.3d 560, 560 (2d Dep’t 2005).
  • Poirier v. Kohl's Dep't Stores, Inc., No. 7:19-cv-03001 (S.D.N.Y. Mar. 29, 2021).
    Lezama v. 34-15 Parsons Blvd, LLC, 16 A.D.3d 560, 560 (2d Dep’t 2005).
  • Menear v. Kwik Fill, 174 A.D.3d 1354 (N.Y. App. Div. 4th Dep't 2019).published
    It is undisputed that the Kwik Fill defendants hired an outside vendor that regularly inspected and serviced their fuel pumps, and, in support of their motion, the Kwik Fill defendants submitted evidence establishing that the vendor determ…
  • Jones v. Underhill Realty, LLC, 2018 NY Slip Op 2546 (N.Y. App. Div. 1st Dep't 2018).published
    In opposition, "plaintiff fail[ed] to submit any evidence that [the door was] actually defective or dangerous" ( Lezama v 34-15 Parsons Blvd., LLC , 16 AD3d 560, 560 [2d Dept 2005]).
  • Touloupis v. Sears, Roebuck & Co., 155 A.D.3d 807 (N.Y. App. Div. 2d Dep't 2017).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Lipani v. Hiawatha Elementary Sch., 153 A.D.3d 1247 (N.Y. App. Div. 2d Dep't 2017).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Behrens v. North Merrick Fruits, Inc., 148 A.D.3d 972 (N.Y. App. Div. 2d Dep't 2017).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Arevalo v. Abitabile, 148 A.D.3d 658 (N.Y. App. Div. 2d Dep't 2017).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that . . . the landowner affirmatively created the condition or had actual o…
  • Wilks v. City of New York, 144 A.D.3d 673 (N.Y. App. Div. 2d Dep't 2016).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
Show 19 more citing cases
  • Monastiriotis v. Monastiriotis, 141 A.D.3d 510 (N.Y. App. Div. 2d Dep't 2016).published
    In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively creat…
  • Ghviniashvili v. Jaroslawicz, 140 A.D.3d 1013 (N.Y. App. Div. 2d Dep't 2016).published
    The Supreme Court granted the motions, and the plaintiff appeals. “ ‘In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a d…
  • Giordano v. Giordano, 140 A.D.3d 699 (N.Y. App. Div. 2d Dep't 2016).published
    With respect to the defendant’s motion for summary judgment dismissing the complaint, “[i]n order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be…
  • Smith v. Szpilewski, 139 A.D.3d 1342 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    In my view, that evidence was sufficient to satisfy defendants’ initial burden on their motion for summary judgment dismissing the complaint to establish that the premises were maintained in a reasonably safe condition and that the trap do…
  • Steed v. MVA Enter., LLC, 136 A.D.3d 793 (N.Y. App. Div. 2d Dep't 2016).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Mucciariello v. a & D Hylan Boulevard Assocs., LLC, 133 A.D.3d 726 (N.Y. App. Div. 2d Dep't 2015).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective *727 condition existed and that the landowner affirmatively…
  • Roberts v. United Health Servs. Hospitals, Inc., 128 A.D.3d 1210 (N.Y. App. Div. 3d Dep't 2015).published
    Agnes Cathedral Sch., 106 AD3d 773 , 773-774 [2013]; DeCarlo v Village of Dobbs Ferry, 36 AD3d at 750 ; Lezama v 34-15 Parsons Blvd, LLC, 16 AD3d 560, 560 [2005]).
  • Egan v. Emerson Assocs., LLC, 127 A.D.3d 806 (N.Y. App. Div. 2d Dep't 2015).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, ‘it must be established that a defective condition existed and that the landowner affirmatively cre…
  • Witkowski v. Island Trees Pub. Library, 125 A.D.3d 768 (N.Y. App. Div. 2d Dep't 2015).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Reydman v. Paradise II Resorts, Inc., 123 A.D.3d 789 (N.Y. App. Div. 2d Dep't 2014).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Sinclair v. Chau, 117 A.D.3d 713 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Palahnuk v. Tiro Restaurant Corp., 116 A.D.3d 748 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Kruger v. Donzelli Realty Corp., 111 A.D.3d 897 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, “it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Osorio v. Kenart Realty, Inc., 42 Misc. 3d 5 (N.Y. App. Term. 2013).published
    To establish liability in a “dangerous condition” case, a plaintiff must prove that the condition existed and the defendant either “affirmatively created the condition or had actual or constructive notice of its existence” (Lezama v 34-15…
  • Abrams v. Berelson, 94 A.D.3d 782 (N.Y. App. Div. 2d Dep't 2012).published
    “A defendant who moves for summary judgment in a premises liability case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a su…
  • Spindell v. Town of Hempstead, 92 A.D.3d 669 (N.Y. App. Div. 2d Dep't 2012).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that . . . the landowner affirmatively created the condition or had actual o…
  • Walsh v. Super Value, Inc., 76 A.D.2d 371 (N.Y. App. Div. 2d Dep't 2010).published
    The familiar formulation of the law of premises liability is that “[i]n order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a d…
  • Fontana v. R.H.C. Dev., LLC, 69 A.D.3d 561 (N.Y. App. Div. 2d Dep't 2010).published
    “In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively crea…
  • Friedman v. 1753 Realty Co., 117 A.D.3d 781 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, “it must be established that a defective condition existed and that the landowner affirmatively crea…
At page 561 Riverview Towers, 5 AD3d 249 [2004]; Aquila v Nathan’s Famous, 284 AD2d 287 [2001]; Walsh v City School Dist. of Albany, 237 AD2d 811, 812 [1997]). In…2 citing casesopening of page *561 (no citing court says what it cites this page for)
  • DeCarlo v. Vill. of Dobbs Ferry, 36 A.D.3d 749 (N.Y. App. Div. 2d Dep't 2007).published
    Contrary to the plaintiffs contention, a defective condition is not established merely because the door closed with sufficient force to sever the tip of the plaintiffs finger (see Lezama v 34-15 Parsons Blvd, LLC, 16 AD3d 560, 561 [2005];…
  • Hyatt v. Price Chopper Operating Co., 90 A.D.3d 1218 (N.Y. App. Div. 3d Dep't 2011).published
    Moreover, although defendant challenges the quality of the opposing expert’s inspection and the methodology (or claimed lack thereof) employed, we do not find the opinion offered by plaintiffs expert to be so lacking in factual or scientif…
792 N.Y.S.2d at 124 cited at this page1 citing case
  • Mikucka v. CVS Pharmacy, Inc., No. 1:21-cv-00951 (E.D.N.Y. May 4, 2022).
    Mar. 29, 2021) (citing Lezama v. 34-15 Parsons Blvd, LLC, 16 A.D.3d 560, 560 , 792 N.Y.S.2d 123, 124 (2nd Dep’t 2005)).
Other citing cases4 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Roni Lezama
v.
34-15 Parsons Blvd, LLC
Appellate Division of the Supreme Court of the State of New York.
Mar 21, 2005.
Published opinion
16 A.D.3d 560
2005 N.Y. App. Div. LEXIS 2937
Cited by 80 opinions  |  Published

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, Queens County (LeVine, J.), dated February 9, 2004, as granted the defendant’s motion for summary judgment dismissing the complaint.

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

In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its existence (see Bodden v Mayfair Supermarkets, 6 AD3d 372, 373 [2004]; Kuchman v Olympia & York, USA, 238 AD2d 381 [1997]). Summary judgment in favor of a defendant is appropriate where a plaintiff fails to submit any evidence that a particular condition is actually defective or dangerous (see Przybyszewski v Wonder Works Constr., 303 AD2d 482, 483 [2003]).

The Supreme Court properly determined that the door which abruptly closed on the plaintiff Natalia Lezama, causing her to lose control of the stroller in which the infant plaintiff was strapped, did not constitute a defective or dangerous condition. The deposition testimony of the building superintendent established that he inspected the door in question upon its installation a year before the accident and found it operable, was familiar with the door check mechanism that controlled the speed of the door, and found no need to adjust it. The superintendent never observed any problem with the door in question and never received any complaints concerning the speed with which the door closed. This evidence was sufficient to establish a prima facie case that the door was not defective (see Hunter v [*561] Riverview Towers, 5 AD3d 249 [2004]; Aquila v Nathan’s Famous, 284 AD2d 287 [2001]; Walsh v City School Dist. of Albany, 237 AD2d 811, 812 [1997]).

In opposition, the plaintiffs failed to raise a triable issue of fact. The deposition testimony of the plaintiff Natalia Lezama and her husband was insufficient to permit an inference that the door was somehow defective simply because it rapidly closed on the plaintiff Natalia Lezama. “[T]hat the door was defective, or improperly maintained, cannot be inferred merely from the fact that it could [close] fast enough, or hard enough, to knock [the] plaintiff down” (Hunter v Riverview Towers, supra at 250). The affidavit of the plaintiffs’ expert was unsupported by facts, data, or specific industry standards, and as such was conclusory and without probative value (see Maldonado v Su Jong Lee, 278 AD2d 206, 207 [2000]).

The plaintiffs’ remaining contentions are without merit. Cozier, J.P., S. Miller, Spolzino and Skelos, JJ., concur.