# Brown v. Beautiful Village Redevelopment Associates

> Appellate Division of the Supreme Court of the State of New York · October 24, 2013 · 110 A.D.3d 567

URL: https://www.frixlaw.com/law-library/cases/5947477

## Case

- **Full name:** Dashawn Brown, an Infant, by His Mother and Natural Guardian, Chivonne Wigfall v. Beautiful Village Redevelopment Associates
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 24, 2013
- **Citations:** 110 A.D.3d 567; 973 N.Y.S.2d 559
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5947477

## Opinion text

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered July 23, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Security-camera footage of the subject accident shows that the infant plaintiff fell because he laid his entire body down on the narrow railing in the stairwell of the apartment building in which he lived and lifted his hands in the air in an attempt to shift them from the post to the railing. This uncontradicted evidence demonstrates as a matter of law that defendant was not negligent, requiring dismissal of the complaint.
We have considered plaintiffs’ remaining contentions and find them unavailing. Concur — Andrias, J.P., Friedman, Acosta, DeGrasse and Freedman, JJ. [Prior Case History: 2012 NY Slip Op 31949 (11).]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5947477. Public record. Not legal advice.