Miller v. Henry Modell & Co., 180 A.D.2d 783 (N.Y. App. Div. 1992). · Go Syfert
Search
Miller v. Henry Modell & Co., 180 A.D.2d 783 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Stone v. National Bank & Trust Company (nyappdiv, 1992-12-17)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Stone v. National Bank & Trust Company (2×) also: Cited "see"
N.Y. App. Div. · 1992 · confidence medium
Inasmuch as plaintiffs first, second, third and sixth causes of action each relates to events occurring prior to plaintiffs execution of the general releases in November 1990 and January 1991, respectively, plaintiffs execution of the aforementioned releases serves as an absolute bar to each of these causes of action (see, e.g., Plander Lanes v Bellamore, supra, at 786; Mergler v Crystal Props.
Retrieving the full opinion text from the archive…
Winifred Miller
v.
Henry Modell & Co., Inc.
Appellate Division of the Supreme Court of the State of New York.
Feb 24, 1992.
180 A.D.2d 783
1992 N.Y. App. Div. LEXIS 2829
Published

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Ramirez, J.), dated January 30, 1990, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

We agree with Supreme Court’s determination that the evidence before it on the motion for summary judgment, viewed in the light most favorable to the plaintiff, presents factual issues as to whether the alleged defect on the staircase in the defendant’s department store was a proximate cause of the accident (see, Farrar v Teicholz, 173 AD2d 674), and whether the condition existed over such a length of time that the defendant should be charged with constructive notice (see, Ferlito v Great S. Bay Assocs., 140 AD2d 408, 409; Taylor v New York City Tr. Auth., 48 NY2d 903). Accordingly, the motion for summary judgment was properly denied. Sullivan, J. P., Eiber, O’Brien and Ritter, JJ., concur.