Concetto v. Pedalino, 308 A.D.2d 470 (N.Y. App. Div. 2003). · Go Syfert
Concetto v. Pedalino, 308 A.D.2d 470 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Henry v. Higgins (nyappdiv, 2014-05-14)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) Henry v. Higgins
N.Y. App. Div. · 2014 · confidence medium
Corp., 19 AD3d 406, 407 [2005]; Concetto v Pedalino, 308 AD2d 470, 470-471 [2003]; Andujar v Benenson Inv.
cited Cited as authority (rule) Henry v. Higgins
N.Y. App. Div. · 2014 · confidence medium
Corp., 19 AD3d 406, 407 [2005]; Concetto v Pedalino, 308 AD2d 470, 470-471 [2003]; Andujar v Benenson Inv.
discussed Cited as authority (rule) Construction by Singletree, Inc. v. Lowe
N.Y. App. Div. · 2008 · confidence medium
The Supreme Court did not improvidently exercise its discretion in declining to consider the affidavits of the purported experts proffered by Lowe, since Lowe failed to identify the experts in pretrial disclosure and served the affidavits after the note of issue and certificate of readiness attesting to the completion of discovery were filed in this matter (see Rodriguez v Sung Hi Kim, 42 AD3d 442, 442-443 [2007]; Wager v Hainline, 29 AD3d 569, 571 [2006]; Gralnik v Brighton Beach Assoc., 3 AD3d 518 [2004]; Concetto v Pedalino, 308 AD2d 470, 470-471 [2003]).
cited Cited as authority (rule) Muniz v. New York City Housing Authority
N.Y. App. Div. · 2007 · confidence medium
Corp., 19 AD3d 406, 407 [2005]; Concetto v Pedalino, 308 AD2d 470, 470-471 [2003]; Andujar v Benenson Inv.
discussed Cited as authority (rule) Campagna v. Arleo
N.Y. App. Div. · 2006 · confidence medium
Further, aside from two affidavits of nonparty witnesses which the Supreme Court properly declined to consider (see Concetto v Pedalino, 308 AD2d 470, 470-471 [2003]), there was no evidence of any injury to the defendants.
cited Cited "see, e.g." Collens v. Sayegh
N.Y. App. Term. · 2019 · signal: see also · confidence medium
Assoc., LLC , 30 Misc 3d 142 [A], 2011 NY Slip Op 50303[U] , *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2011]; see also Concetto v Pedalino , 308 AD2d 470, 471 [2003]).
Retrieving the full opinion text from the archive…
Teresa Concetto
v.
Andrea Pedalino
Appellate Division of the Supreme Court of the State of New York.
Sep 15, 2003.
308 A.D.2d 470
Cited by 15 opinions  |  Published

—In an action to recover for damage to property, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated June 27, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint and denied as academic her cross motion for leave to amend the complaint.

Ordered that the order is affirmed, with costs.

The defendants met their prima facie burden on their motion for summary judgment by presenting evidence, in the form of their own affidavits and the deposition testimony of the plaintiff, which demonstrated that they were not aware of any problems with the ballast in the fluorescent light fixture in the basement bedroom that allegedly caused a fire (see Associated Mut. Ins. Co. v Kipp’s Arcadian II, 298 AD2d 478 [2002]). In opposition, the plaintiff failed to raise a triable issue of fact. Consideration of the affidavit of a purported notice witness is precluded due to the plaintiffs failure to properly disclose that[*471] witness in her discovery responses (see Ortega v New York City Tr. Auth., 262 AD2d 470 [1999]; Robinson v New York City Hous. Auth., 183 AD2d 434 [1992]).

Although the Supreme Court improperly denied the plaintiffs cross motion for leave to amend her complaint as academic, the motion was properly denied because the proposed amendment is without merit. “Real Property Law § 235-b does not permit a tenant to recover [for] damage to personal property resulting from a breach of the warranty of habitability” (Couri v Westchester Country Club, 186 AD2d 712, 715 [1992]; see Elkman v Southgate Owners Corp., 233 AD2d 104 [1996]).

The plaintiffs remaining contentions are without merit. Ritter, J.P., S. Miller, Luciano and H. Miller, JJ., concur.