Shafi v. Motta, 73 A.D.3d 729 (N.Y. App. Div. 2010). · Go Syfert
Shafi v. Motta, 73 A.D.3d 729 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 3 distinct courts.
Strongest positive: D.V. v. 997 Hart St., LLC (nysupctkings, 2024-09-10)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) D.V. v. 997 Hart St., LLC
N.Y. Sup. Kings · 2024 · confidence medium
Discussion Local Law l, applicable in the City of New York, ''requires. that the owner of a multiple dwelling remove or cover paint containing specified hazardous levels of lead in any apartment in which a child six years of age or younger tesidcs" (Shafi v Motta, 73 AD3d 729, 729 [2d Dept 201 O]; see also Administrative Code of City of NY § 27-2056.3, 8 8 of 27 [* 8] FILED: KINGS COUNTY CLERK 09/10/2024 03:34 PM INDEX NO. 526413/2019 NYSCEF DOC.
discussed Cited as authority (rule) Vumbico v. Estate of Rose H. Wiltse
N.Y. App. Div. · 2017 · confidence medium
On a summary judgment motion by a defendant, the defendant does not meet its initial burden by merely pointing to gaps in the plaintiff’s case; rather, it must affirmatively demonstrate the merit of its claim or defense (see Marielisa R. v Wolman Rink Operations, LLC, 94 AD3d 963, 964 [2012]; Rubistello v Bartolini Landscaping, Inc., 87 AD3d 1003, 1005 [2011]; Shafi v Motta, 73 AD3d 729, 730 [2010]; Pace v International Bus.
discussed Cited as authority (rule) K.J. Ex Rel. Jefferson v. City of New York
N.Y. App. Div. · 2017 · confidence medium
“This burden may be satisfied only by the defendant’s affirmative demonstration of the merit of the defense, rather than merely by reliance on gaps in the plaintiffs’ case” (Shaft v Motta, 73 AD3d 729, 730 [2010]).
discussed Cited as authority (rule) Matute v. New York City Housing Authority
N.Y. App. Div. · 2017 · confidence medium
Inasmuch as the defendant failed to carry its burden, denial of the motion was required without regard to the sufficiency of the papers submitted in opposition (see Shaft v Motta, 73 AD3d 729, 730 [2010]).
discussed Cited as authority (rule) Collado v. Jiacono
N.Y. App. Div. · 2015 · confidence medium
It must affirmatively demonstrate the merit of its claim or defense (see Marielisa R. v Wolman Rink Operations, LLC, 94 AD3d 963 [2012]; Rubistello v Bartolini Landscaping, Inc., 87 AD3d 1003, 1005 [2011]; Shafi v Motta, 73 AD3d 729, 730 [2010]; Pace v International Bus.
discussed Cited as authority (rule) G.M.M. v. Kimpson (2×)
E.D.N.Y · 2015 · confidence medium
As with the 1982 legislation, “[v]io-lation of Local Law 1 [of 2004] ... does not result in absolute liability for injuries caused by exposure to lead.” Shafi v. Motta, 73 A.D.3d 729 , 900 N.Y.S.2d 410, 411 (2d Dep’t 2010) (citations omitted).
cited Cited as authority (rule) Martinez v. 1261 Realty Co., LLC
N.Y. App. Div. · 2014 · confidence medium
Co., 103 AD3d 782 , 783 [2013]; see Griffith v JK Chopra Holding, LLC, 111 AD3d 666, 666-667 [2013]; Shafi v Motta, 73 AD3d 729, 730 [2010]).
discussed Cited as authority (rule) Griffith v. Jk Chopra Holding
N.Y. App. Div. · 2013 · confidence medium
Further, the defendants, by merely pointing to gaps in the plaintiffs proof, rather than affirmatively demonstrating the merit of their defense, failed to carry their burden as movants seeking summary judgment on the issue of whether the condition complained of did in fact constitute a defect (see Green v Albemarle, LLC, 107 AD3d at 948 ; Proulx v Entergy Nuclear Indian Point 2, LLC, 98 AD3d 492 [2012]; Delaney v Town Sports Intl., 88 AD3d 635 [2011]; Gestetner v Teitelbaum, 52 AD3d 778 [2008]; see also Marielisa R. v Wolman Rink Operations, LLC, 94 AD3d 963 [2012]; Rubistello v Bartolini Land…
discussed Cited as authority (rule) Griffith v. Jk Chopra Holding
N.Y. App. Div. · 2013 · confidence medium
Further, the defendants, by merely pointing to gaps in the plaintiffs proof, rather than affirmatively demonstrating the merit of their defense, failed to carry their burden as movants seeking summary judgment on the issue of whether the condition complained of did in fact constitute a defect (see Green v Albemarle, LLC, 107 AD3d at 948 ; Proulx v Entergy Nuclear Indian Point 2, LLC, 98 AD3d 492 [2012]; Delaney v Town Sports Intl., 88 AD3d 635 [2011]; Gestetner v Teitelbaum, 52 AD3d 778 [2008]; see also Marielisa R. v Wolman Rink Operations, LLC, 94 AD3d 963 [2012]; Rubistello v Bartolini Land…
cited Cited as authority (rule) Turner v. Davis
N.Y. App. Div. · 2013 · confidence medium
Team, 88 NY2d at 647 ; Shaft v Motta, 73 AD3d 729, 730 [2010]; Chadwick v Sabin, 304 AD2d 603, 603-604 [2003]).
cited Cited as authority (rule) Turner v. Davis
N.Y. App. Div. · 2013 · confidence medium
Team, 88 NY2d at 647 ; Shaft v Motta, 73 AD3d 729, 730 [2010]; Chadwick v Sabin, 304 AD2d 603, 603-604 [2003]).
discussed Cited as authority (rule) In re Eshaghian
N.Y. App. Div. · 2012 · confidence medium
As the parties seeking summary judgment, the petitioners bore the burden of establishing, by proof in admissible form, their prima facie entitlement to judgment as a matter of law (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557 [1980]; Shafi v Motta, 73 AD3d 729, 730 [2010]; Doe v Orange-Ulster Bd. of Coop.
discussed Cited as authority (rule) In re Eshaghian
N.Y. App. Div. · 2012 · confidence medium
As the parties seeking summary judgment, the petitioners bore the burden of establishing, by proof in admissible form, their prima facie entitlement to judgment as a matter of law (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557 [1980]; Shafi v Motta, 73 AD3d 729, 730 [2010]; Doe v Orange-Ulster Bd. of Coop.
discussed Cited as authority (rule) Marielisa R. v. Wolman Rink Operations, LLC
N.Y. App. Div. · 2012 · confidence medium
Furthermore, the defendant’s attempt to meet its prima facie burden by pointing to gaps in the plaintiff’s proof was properly rejected by the Supreme Court (see Rubistello v Bartolini Landscaping, Inc., 87 AD3d 1003, 1005 [2011]; Shafi v Motta, 73 AD3d 729, 730 [2010]; Doe v Orange-Ulster Bd. of Coop.
cited Cited as authority (rule) Blackwell v. Mikevin ManageMent III, LLC
N.Y. App. Div. · 2011 · confidence medium
Corp., 81 AD3d 223 [2011]; Shafi v Motta, 73 AD3d 729, 730 [2010]; Doe v Orange-Ulster Bd. of Coop.
cited Cited as authority (rule) Englington Medical, P.C. v. Motor Vehicle Accident Indemnification Corp.
N.Y. App. Div. · 2011 · confidence medium
Shafi v Motta, 73 AD3d 729, 730 [2010]; Gamer v Ross, 49 AD3d 598, 600 [2008]; Totten v Cumberland Farms, Inc., 57 AD3d 653, 654 [2008]; DeFalco v BJ’s Wholesale Club, Inc., 38 AD3d 824, 825 [2007]).
Retrieving the full opinion text from the archive…
Nomaan Shafi and Another, Infants, by Their Parents and Natural Guardians, Nasira Naheed
v.
Joseph Motta, Administrator C.T.A. of the Estate of Frances Ventura
Appellate Division of the Supreme Court of the State of New York.
May 4, 2010.
73 A.D.3d 729
Cited by 18 opinions  |  Published

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Battaglia, J.), dated March 24, 2009, as denied their motion for summary judgment dismissing the complaint insofar as asserted on behalf of the infant plaintiff Nomaan Shafi and as asserts derivative claims arising from injuries to the infant plaintiff Nomaan Shafi.

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

The City of New York requires that the owner of a multiple dwelling remove or cover paint containing specified hazardous levels of lead in any apartment in which a child six years of age or younger resides (see Administrative Code of City of NY former § 27-2013 [h] [as added by Local Law No. 1 (1982) of the City of New York], now §§ 27-2056.3, 27-2056.18 [hereinafter Local Law 1]; Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 641-642 [1996]; O’Neal v New York City Hous. Auth., 4 AD3d 348 [2004]). Violation of Local Law 1, however, does not result in absolute liability for injuries caused by exposure to lead (see Juarez v Wavecrest Mgt. Team, 88 NY2d at 643). Rather, a plaintiff must establish that the landlord had actual or constructive notice of the condition for a period of time such that, in the[*730] exercise of reasonable care, the condition should have been remedied (see Juarez v Wavecrest Mgt. Team, 88 NY2d at 646). Nevertheless, Local Law 1 imputes to a landlord constructive notice of a hazardous condition in certain circumstances where the landlord has actual notice that a child under the age of six resides in the unit (see Juarez v Wavecrest Mgt. Team, 88 NY2d at 647; Chadwick v Sabin, 304 AD2d 603, 603-604 [2003]).

On their motion for summary judgment, the defendants had the burden of establishing, by proof in admissible form, their prima facie entitlement to judgment as a matter of law (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 561 [1980]; Myers v Ferrara, 56 AD3d 78, 83 [2008]). This burden may be satisfied only by the defendant’s affirmative demonstration of the merit of the defense, rather than merely by reliance on gaps in the plaintiffs’ case (see DeFalco v BJ’s Wholesale Club, Inc., 38 AD3d 824, 825 [2007]; Cox v Huntington Quadrangle No. 1 Co., 35 AD3d 523, 524 [2006]; Pearson v Parkside Ltd. Liab. Co., 27 AD3d 539 [2006]; Mondello v DiSte-fano, 16 AD3d 637, 638 [2005]). Here, the defendants submitted hospital laboratory reports and records of the New York City Department of Health and Mental Hygiene. As the Supreme Court concluded, however, because these documents were neither certified nor authenticated, and thus were not in admissible form, they could not be considered on the motion (see CPLR 4518 [c]; Banfield v New York City Tr. Auth., 36 AD3d 732 [2007]; Baez v Sugrue, 300 AD2d 519, 520 [2002]; cf. Whitfield v City of New York, 48 AD3d 798, 799 [2008]). Moreover, the affirmation of the defendants’ attorney submitted with very brief excerpts of deposition testimony was insufficient to establish the defendants’ entitlement to judgment as a matter of law (see Irving v Great Atl. & Pac. Tea Co., 269 AD2d 358, 359 [2000]; Cicolello v Limb, 216 AD2d 434 [1995]). Inasmuch as the defendants failed to carry their burden, denial of the motion was required without regard to the sufficiency of the papers submitted in opposition (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Molina v Belasquez, 1 AD3d 489 [2003]).

The defendants’ remaining contention is not properly before this Court, as it was raised for the first time on appeal. Prudenti, PJ., Fisher, Roman and Sgroi, JJ., concur.