Torres v 1420 Realty, L.L.C.

Torres v 1420 Realty, L.L.C. 2013 NY Slip Op 07408 Decided on November 12, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 12, 2013
Tom, J.P., Andrias, Friedman, Freedman, Clark, JJ.
10986 307062/09

[*1]Wanda Torres, Plaintiff-Appellant,

v

1420 Realty, L.L.C., et al., Defendants-Respondents, Jose Toribio, Defendant.




Brian J. Isaac, New York, for appellant.
Conway, Farrell, Curtin & Kelly, P.C., New York (Jonathan T.
Uejio of counsel), for respondents.

Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered July 20, 2012, which granted defendants-respondents' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff sustained injuries when she fell after the paint bucket she was using as a step stool tilted over, allegedly due to the uneven condition of the floor of her apartment in defendants' building. Plaintiff's independent and superseding act of using the paint bucket as a step stool, which was placed on an uneven floor, was not foreseeable, thereby breaking the
chain of causation (see Montgomery v Federal Express Corp., 4 NY3d 805 [2005]; Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315 [1980]; compare Gonzalez v Handwerger 180 AD2d 411 [1st Dept 1992]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 12, 2013

CLERK