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The court dismissed a landlord's summary judgment motion in a slip and fall action.
Mr. Gandhi sued Zev Investments Limited for injuries sustained after slipping on a liquid in his apartment building's stairwell.
Zev brought a motion for summary judgment, arguing no genuine issue for trial existed, as Mr. Gandhi's theories about the hazard were inconsistent and refuted by their evidence.
Mr. Gandhi maintained he slipped on paint or paint oil spilled by Zev's contractor and argued Zev failed to maintain a proper inspection system.
The court dismissed Zev's motion, finding a genuine issue for trial regarding the cause of the fall, Zev's vicarious liability, and the adequacy of its maintenance system, concluding that a summary judgment process would not be proportionate or efficient given the need for extensive witness testimony.
