Tuesday, October 4, 2016

A claim for injuries allegedly sustained while conducting a repair work estimate.

Practice point:  The Appellate Division reversed the order dismissing the complaint in this action where plaintiff had gone to defendant's property to prepare an estimate to repair the back porch. While plaintiff was standing on the porch, it collapsed and plaintiff was injured.

Student note:  Since the defendant failed to establish prima facie entitlement to judgment as a matter of law, it is not necessary for the court to review the sufficiency of plaintiff's opposition papers.

Case:  Arcabascio v. Bentivegna, NY Slip Op 06187 (2d Dep't September 28, 2016)

Here is the decision.

Tomorrow's issue: Prima facie tort.