Kudrina v. 82-04 Lefferts Tenants Corp., 110 A.D.3d 963 (N.Y. App. Div. 2013). · Go Syfert
Kudrina v. 82-04 Lefferts Tenants Corp., 110 A.D.3d 963 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 3 distinct courts.
Strongest positive: Haxton v. PL Smithtown, LLC (nyed, 2020-03-16)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Haxton v. PL Smithtown, LLC (2×) also: Cited as authority (rule)
E.D.N.Y · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
to impose liability upon the moving defendants for the plaintiff's injuries, there must be evidence showing the existence of a dangerous or defective condition . . . .
discussed Cited as authority (rule) Hobbins v. Flatlands Mgt. Co.
N.Y. Sup. Kings · 2025 · confidence medium
"A plaintiff's inability to identify what had caused him or her to fall is fatal to his or her case, and a defendant moving for summary judgment dismissing the complaint can meet its initial burden as the movant simply by demonstrating that the plaintiff did not know what had caused him or her to fall" (Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2d Dept 2013]).
cited Cited as authority (rule) Hoovis v. Grand City 99 Cents Store, Inc.
N.Y. App. Div. · 2017 · confidence medium
Nazzaro Partnership, L.P., 122 AD3d 826, 827 [2014]; Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Dennis v Lakhani, 102 AD3d 651, 652 [2013]).
cited Cited as authority (rule) Baldasano v. Long Island University
N.Y. App. Div. · 2016 · confidence medium
Nazzaro Partnership, L.P., 122 AD3d 826, 827 [2014]; Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Dennis v Lakhani, 102 AD3d 651, 652 [2013]).
discussed Cited as authority (rule) Giordano v. Giordano
N.Y. App. Div. · 2016 · confidence medium
Dev., LLC, 69 AD3d 561, 562 [2010]; Bodden v Mayfair Supermarkets, 6 AD3d 372, 373 [2004]). “[A] defendant can [also] make its prima facie showing of entitlement to judgment as a matter of law by establishing that the plaintiff cannot identify the cause of his or her fall without engaging in speculation” (Ash v City of New York, 109 AD3d 854, 855 [2013]; see Mitgang v PJ Venture HG, LLC, 126 AD3d 863, 863-864 [2015]; Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]).
cited Cited as authority (rule) Davis v. Sutton
N.Y. App. Div. · 2016 · confidence medium
Nazzaro Partnership, L.P., 122 AD3d 826, 827 [2014]; Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Dennis v Lakhani, 102 AD3d 651, 652 [2013]).
discussed Cited as authority (rule) Giannotti v. Hudson Valley Federal Credit Union
N.Y. App. Div. · 2015 · confidence medium
However, “[a] plaintiff’s inability to identify what had caused him or her to fall is fatal to his or her case, and a defendant moving for summary judgment dismissing the complaint can meet its initial burden as the movant simply by demonstrating that the plaintiff did not know what had caused him or her to fall” (Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; see Mitgang v PJ Venture HG, LLC, 126 AD3d 863, 863-864 [2015]; Calciano v Tarragon Corp., 125 AD3d 709, 710 [2015]; Rodriguez v 1790 Broadway Assoc., LLC, 122 AD3d 604, 605 [2014]).
discussed Cited as authority (rule) Gotay v. New York City Housing Authority
N.Y. App. Div. · 2015 · confidence medium
Nazzaro Partnership, L.P., 122 AD3d at 826 ; Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Dennis v Lakhani, 102 AD3d 651, 652 [2013]; Califano v Maple Lanes, 91 AD3d 896, 897 [2012]; Alabre v Kings Flatland Car Care Ctr., Inc., 84 AD3d 1286, 1287 [2011]).
discussed Cited as authority (rule) Defino v. Interlaken Owners, Inc.
N.Y. App. Div. · 2015 · confidence medium
A defendant moving for summary judgment dismissing a complaint in a slip-and-fall action can meet its initial burden as the movant simply by demonstrating that the plaintiff did not know what caused him or her to fall (see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Dennis v Lakhani, 102 AD3d 651, 652 [2013]).
discussed Cited as authority (rule) Baldwin v. Windcrest Riverhead, LLC
N.Y. App. Div. · 2014 · confidence medium
The third-party defendant-appellant established its prima facie entitlement to judgment as a matter of law dismissing the third-party causes of action for common-law and contractual indemnification by submitting, inter alia, a transcript of the deposition testimony of the plaintiff, which showed that the plaintiff merely speculated that the ice, snow, and water on the interior staircase upon which he allegedly slipped and fell entered the house through the soffits installed by the third-party defendant-appellant (see Kudrina v 82-04 Lefferts Tenants *861 Corp., 110 AD3d 963, 964 [2013]; Hunt v…
discussed Cited as authority (rule) Rivera v. J. Nazzaro Partnership, L.P.
N.Y. App. Div. · 2014 · confidence medium
In a trip-and-fall case, a plaintiffs inability to identify the cause of the fall is fatal to the cause of action, because a finding that the defendant’s negligence, if any, proximately caused the plaintiffs injuries would be based on speculation (see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Dennis v Lakhani, 102 AD3d 651, 652 [2013]; Califano v Maple Lanes, 91 AD3d 896, 897 [2012]; Alabre v Kings Flatland Car Care Ctr., Inc., 84 AD3d 1286, 1287 [2011]).
discussed Cited as authority (rule) Baldwin v. Windcrest Riverhead, LLC
N.Y. App. Div. · 2014 · confidence medium
The third-party defendant-appellant established its prima facie entitlement to judgment as a matter of law dismissing the third-party causes of action for common-law and contractual indemnification by submitting, inter alia, a transcript of the deposition testimony of the plaintiff, which showed that the plaintiff merely speculated that the ice, snow, and water on the interior staircase upon which he allegedly slipped and fell entered the house through the soffits installed by the third-party defendant-appellant (see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Hunt v Meye…
discussed Cited as authority (rule) Baldwin v. Windcrest Riverhead, LLC
N.Y. App. Div. · 2014 · confidence medium
The third-party defendant-appellant established its prima facie entitlement to judgment as a matter of law dismissing the third-party causes of action for common-law and contractual indemnification by submitting, inter alia, a transcript of the deposition testimony of the plaintiff, which showed that the plaintiff merely speculated that the ice, snow, and water on the interior staircase upon which he allegedly slipped and fell entered the house through the soffits installed by the third-party defendant-appellant (see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Hunt v Meye…
discussed Cited "see" O'Connor v. Metro Management Development, Inc.
N.Y. App. Div. · 2015 · signal: see · confidence high
In support of their separate motion, the building defendants made a prima facie showing that the plaintiffs “cannot identify the cause of [the injured plaintiff’s] fall without engaging in speculation” (Ash v City of New York, 109 AD3d 854, 855 [2013]; see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]). “[A] plaintiff’s inability to identify the cause of the fall is fatal to the cause of action, because a finding that the defendant’s negligence, if any, proximately caused the plaintiff’s injuries would be based on speculation” (Rivera v J.
discussed Cited "see" Mitgang v. PJ Venture HG, LLC
N.Y. App. Div. · 2015 · signal: see · confidence high
However, a defendant can make its prima facie showing of entitlement to judgment as a matter of law by establishing that the plaintiff cannot identify the cause of his or her fall *864 without engaging in speculation” (Ash v City of New York, 109 AD3d 854, 855 [2013] [citations omitted]; see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]). “[A] plaintiffs inability to identify the cause of the fall is fatal to the cause of action, because a finding that the defendant’s negligence, if any, proximately caused the plaintiffs injuries would be based on speculation” (River…
cited Cited "see" Rodriguez v. 1790 Broadway Associates, LLC
N.Y. App. Div. · 2014 · signal: see · confidence high
Realty Co., LLC, 115 AD3d 701, 702 [2014]; see Kudrina v 82-04 Lefferts Tenants Corp., 110 AD3d 963, 964 [2013]; Deputron v A & J Tours, Inc., 106 AD3d 944, 945 [2013]).
Retrieving the full opinion text from the archive…
Lilia Kudrina
v.
82-04 Lefferts Tenants Corp.
Appellate Division of the Supreme Court of the State of New York.
Oct 23, 2013.
110 A.D.3d 963
Cited by 21 opinions  |  Published

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Sampson, J.), entered December 1, 2011, which granted the motion of the defendants 82-04 Lefferts Tenants Corp. and LTD Management for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained personal injuries when she fell on the sidewalk abutting premises owned by the defendant 82-04 Lefferts Tenants Corp., and managed by the defendant LTD Management (hereinafter together the moving defendants). The plaintiff thereafter commenced this action against the moving defendants, among others. The moving defendants moved for summary judgment dismissing the complaint insofar as asserted against them. The Supreme Court granted the mo[*964] tion on the ground that the moving defendants did not create the alleged hazardous condition or have actual or constructive notice of it. We affirm, albeit on a different ground.

To impose liability upon the moving defendants for the plaintiff’s injuries, there must be evidence showing the existence of a dangerous or defective condition, and that the moving defendants either created the condition or had actual or constructive notice of it and failed to remedy it within a reasonable time (see Winder v Executive Cleaning Servs., LLC, 91 AD3d 865 [2012]; Davis v Rochdale Vil., Inc., 63 AD3d 870 [2009]; Starling v Suffolk County Water Auth., 63 AD3d 822 [2009]; Medina v Sears, Roebuck & Co., 41 AD3d 798 [2007]). A plaintiff’s inability to identify what had caused him or her to fall is fatal to his or her case, and a defendant moving for summary judgment dismissing the complaint can meet its initial burden as the movant simply by demonstrating that the plaintiff did not know what had caused him or her to fall (see Dennis v Lakhani, 102 AD3d 651 [2013]; Zalot v Zieba, 81 AD3d 935 [2011]). Here, the moving defendants established their prima facie entitlement to judgment as a matter of law by submitting, inter alia, a transcript of the deposition testimony of the plaintiff, which showed that the plaintiff merely speculated as to the cause of her fall (see Hunt v Meyers, 63 AD3d 685 [2009]; Ludin v Crestwood Country Day School, Inc., 36 AD3d 866 [2007]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Litvinoff v Kaur, 102 AD3d 928 [2013]).

Accordingly, the Supreme Court correctly granted the moving defendants’ motion for summary judgment dismissing the complaint insofar as asserted against them. Mastro, J.P., Angiolillo, Leventhal and Chambers, JJ., concur.