E.M. v. Paulino

Summary

The Appellate Division, First Department affirmed the denial of defendants' motion for summary judgment dismissing a negligence claim arising from alleged bedbug bites suffered by an infant plaintiff. The court held that issues of fact existed regarding when defendants, who co-owned the premises, had notice of the bedbug condition and whether they failed to act.

Holdings

1. Summary judgment was properly denied because issues of fact existed as to when and whether defendants had notice of the bedbug condition that allegedly injured the infant plaintiff.
2. A party cannot obtain summary judgment merely by pointing to gaps in its adversary's proof.

Questions Presented

1. Whether defendants were entitled to summary judgment dismissing the negligence cause of action when the record presented factual disputes concerning when and whether they had notice of the bedbug condition.
2. Whether defendants established entitlement to summary judgment by identifying gaps in plaintiff's proof.

Disposition

affirmed