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Kiley v. FAC 1333 N. Ave, LLC

Summary Judgment Denied; Issue as to Whether Steps Were Open And Notorious

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 79, 92, 95, 100, 101, 102, 103, 104, 105, 106 were read on this motion to/for SUMMARY JUDGMENT. The following e-filed documents, listed by NYSCEF document number (Motion 002) 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94, 96, 97, 98, 99, 107, 108, 109 were read on this motion to/for SUMMARY JUDGMENT. DECISION + ORDER ON MOTION Plaintiff commenced this action by summons and complaint against defendants FAC 1333 NORTH AVE, LLC, FAC 1333 NORTH AVE LLC d/b/a/ DUNKIN DONUTS (collectively, “FAC defendants”), and defendants VINCENT Q. GIFFUNI, VINCENT Q. GIFFUNI d/b/a G&G PLAZA and MERIT OPERATING CORP. (collectively “GIFFUNI defendants”) arising from a slip and fall accident that occurred on July 16, 2017, as she was exiting the Dunkin Donuts located at 1333 North Avenue in New Rochelle, New York. (NYSCEF Doc. No. 1, summons and complaint). In this action, plaintiff seeks recovery for personal injuries she sustained, for an unspecified monetary judgment “that far exceeds the jurisdictional imitation of all lower Courts which would otherwise have jurisdiction” on account that defendants “were careless, reckless and negligent” in their ownership, operation, and management of the stairs on which she tripped and fell. (NYSCEF Doc. No. 1, summons and complaint,

34-37). On July 16, 2017, plaintiff went to the Dunkin’ Donuts located at 1333 North Avenue, New Rochelle, New York, to buy a sandwich and coffee. (NYSCEF Doc. No. 104, defendants’ statement of undisputed material facts,

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