Medina v. 217 LLC

Summary

The Appellate Division, First Department unanimously affirmed the denial of the defendant's motion for summary judgment in a premises-liability action involving water leakage and a slip-and-fall on a building stair landing. The court held that the defendant did not establish that it was an out-of-possession landlord, that issues of fact existed regarding actual or constructive notice and alleged statutory violations, and that the remaining arguments were unavailing.

Holdings

1. Defendant failed to establish that it had relinquished possession or control of the premises and therefore did not establish entitlement to judgment as a matter of law on the ground that it had no duty to maintain the premises.
2. Triable issues of fact existed as to whether defendant had actual or constructive notice of the water leakage that caused plaintiff's fall, precluding summary judgment.
3. The testimony concerning statements by plaintiff's employer and the employer's nephew was properly considered in opposition to defendant's summary judgment motion.
4. Defendant was not entitled to dismissal of the alleged statutory and code violations because the record did not establish that no substantial alterations had been made after 1951, and conflicting expert opinions raised issues of fact.

Questions Presented

1. Whether defendant established as a matter of law that it was an out-of-possession landlord without a duty to maintain the premises.
2. Whether triable issues of fact existed regarding defendant's actual or constructive notice of the water leakage and wet condition.
3. Whether hearsay testimony concerning prior complaints could be considered in opposition to summary judgment.
4. Whether defendant was entitled to dismissal of alleged violations of the Multiple Dwelling Law and various city, building, and fire codes.

Disposition

affirmed