OCASIO v. ACHAIBAR (2025)

Supreme Court, Appellate Division, First Department, New York.

Lizzette OCASIO, Plaintiff–Respondent, v. Gavaskar ACHAIBAR also known as Gavasakr Achaibar, Defendant–Appellant.

4737

Decided: September 25, 2025

Webber, J.P., Kapnick, Gesmer, Higgitt, Hagler, JJ.

The Gold Law Firm, P.C., Bellmore (James Stewart and Karen C. Higgins of counsel), for appellant. Greenberg Law P.C., New York (Jennifer A. Shafer of counsel), for respondent.

Order, Supreme Court, Bronx County (Kim Adair Wilson, J.), entered September 12, 2024, which denied defendant landlord's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to establish prima facie entitlement to summary judgment. The record presents issues of fact as to how the accident occurred, the placement and condition of the bathtub splashguards, and whether defendant's alleged negligence was a proximate cause of plaintiff's injuries (see Vega v. Restani Constr. Corp., 18 N.Y.3d 499, 942 N.Y.S.2d 13, 965 N.E.2d 240 [2012]).

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