White Plains Personal Injury Attorney Report: Appellate Division Allows Injured Father’s Case Be Heard By Jury

In the recent case, Burgos v. Montemurro Enterprises, LLC, the First Department of the Appellate Division, New York State Supreme Court, upheld a Bronx trial level decision denying a personal injury defendant’s motion for dismissal.

The Plaintiff Samuel Burgos was injured when he tripped and fell on uneven planks while walking up a wooden walkway in front of his apartment. In reviewing the record, the Appellate Court found that the deposition testimony of the plaintiff, plaintiff’s son, owner of the property, and the building’s superintendent, as well as photographs of the planks, all raised issues as to whether defendant had constructive notice of the defective condition (the uneven wooden planks).

Defendant’s expert opined that the lighting was sufficient at the time of the accident based on an inspection performed nearly two years after the accident. However, the Court found that there was additional testimony at various depositions that precluded a finding that inadequate lighting of the area was not the cause of the accident. As a result, the Court affirmed the trial Court’s decision allowing the case to move forward to trial.

If you or a loved one has been injured in a trip and fall accident, please contact the Law Offices of Thomas L. Gallivan, PLLC in order to protect your rights.


Burgos v Montemurro Enters. LLC, 2013 NY Slip Op 00554 (January 31, 2013).

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