Palmer v. Prima Props., Inc., 101 A.D.3d 1094 (N.Y. App. Div. 2012). · Go Syfert
Palmer v. Prima Props., Inc., 101 A.D.3d 1094 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: Villa-Farez v. 840 Fulton, LLC (nysupctkings, 2025-09-09)
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discussed Cited as authority (rule) Villa-Farez v. 840 Fulton, LLC
N.Y. Sup. Kings · 2025 · confidence medium
Defendants have also failed to demonstrate that a handrail was not required, that removal of the temporary handrail was integral to the work at the time of plaintiff's accident or that its absence was not a proximate cause of plaintiff's injuries ( see Curto , 225 AD3d at 661-662; Adzei v Edward Bldrs., Inc. , 221 AD3d 639, 641 [2d Dept 2023]; Palmer v Prima Props., Inc. , 101 AD3d 1094, 1094-1095 [2d Dept 2012]; Asaro v Montalvo , 26 AD3d 306, 307 [2d Dept 2006]).
cited Cited "see" Mancini v. Nicoletta
N.Y. App. Div. · 2022 · signal: see · confidence high
Church , 192 AD3d 868, 869-870 ; see Palmer v Prima Props., Inc. , 101 AD3d 1094 , 1094-1095; Russo v Frankels Garden City Realty Co. , 93 AD3d 708, 710 ; Viscusi v Fenner , 10 AD3d 361, 362 ).
Retrieving the full opinion text from the archive…
Christine Palmer
v.
Prima Properties, Inc.
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2012.
101 A.D.3d 1094
Published

The defendant failed to establish its prima facie entitlement to judgment as a matter of law, as it did not demonstrate that the stairs in question need not have been equipped with a hand[*1095] rail (see Wajdzik v YMCA of Greater N.Y., 65 AD3d 586 [2009]). Moreover, if a handrail was required, a triable issue of fact was raised by the plaintiffs deposition testimony, which was submitted by the defendant in support of its motion, as to whether the lack of a handrail was a proximate cause of the plaintiffs injuries (see Boudreau-Grillo v Ramirez, 74 AD3d 1265 [2010]; Antonia v Srour, 69 AD3d 666 [2010]; Wajdzik v YMCA of Greater N.Y., 65 AD3d 586 [2009]; Asaro v Montalvo, 26 AD3d 306 [2006]).

Accordingly, the Supreme Court erred in granting the defendant’s motion for summary judgment dismissing the complaint. Since the defendant failed to meet its prima facie burden in the first instance, the Supreme Court should have denied the defendant’s motion regardless of the sufficiency of the plaintiffs opposition papers (see Boudreau-Grillo v Ramirez, 74 AD3d at 1267-1268; Wajdzik v YMCA of Greater N.Y., 65 AD3d at 587). Skelos, J.P., Hall, Roman and Cohen, JJ., concur.