Gil v. M. Sopher & Co., LLC

Appellate Division of the Supreme Court of New York

Gil v. M. Sopher & Co., LLC

137 A.D.3d 508, 26 N.Y.S.3d 473

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 8, 2016

Docket458 304650/12

StatusPublished

This text of 137 A.D.3d 508 (Gil v. M. Sopher & Co., LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gil v. M. Sopher & Co., LLC, 137 A.D.3d 508, 26 N.Y.S.3d 473 (N.Y. Ct. App. 2016).

Pincite

Opinion

Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered October 7, 2014, which granted defendant’s motion for summary judgment, deemed appeal from judgment, same court and Justice, entered November 3, 2014, dismissing the complaint (CPLR 5520 [c]), and, so considered, judgment unanimously reversed, on the law, without costs, the complaint reinstated, and defendant’s motion denied.

*509 Plaintiff’s bill of particulars and deposition testimony and her husband’s affidavit raise an issue of fact as to whether defendant was contractually obligated to make repairs and/or maintain the premises or had a contractual right to reenter, inspect and make needed repairs at the tenant’s expense (see Johnson v Urena Serv. Ctr., 227 AD2d 325 [1st Dept 1996], lv denied 88 NY2d 814 [1996]). There is evidence that in a prior commercial rent proceeding in Civil Court, that court determined there were several structural problems in the premises where plaintiff fell, among them an unstable stairwell. There is sufficient evidence to also raise an issue of fact whether or not the structural damage alleged (unstable basement stairs) was a significant factor in how the accident happened, regardless of whether or not the stairs in the leased premises at issue fall within Administrative Code of the City of New York § 27-375 (f).

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered October 7, 2014, which granted defendant’s motion for summary judgment, deemed appeal from judgment, same court and Justice, entered November 3, 2014, dismissing the complaint (CPLR 5520 [c]), and, so considered, judgment unanimously reversed, on the law, without costs, the complaint reinstated, and defendant’s motion denied.

*509 Plaintiff’s bill of particulars and deposition testimony and her husband’s affidavit raise an issue of fact as to whether defendant was contractually obligated to make repairs and/or maintain the premises or had a contractual right to reenter, inspect and make needed repairs at the tenant’s expense (see Johnson v Urena Serv. Ctr., 227 AD2d 325 [1st Dept 1996], lv denied 88 NY2d 814 [1996]). There is evidence that in a prior commercial rent proceeding in Civil Court, that court determined there were several structural problems in the premises where plaintiff fell, among them an unstable stairwell. There is sufficient evidence to also raise an issue of fact whether or not the structural damage alleged (unstable basement stairs) was a significant factor in how the accident happened, regardless of whether or not the stairs in the leased premises at issue fall within Administrative Code of the City of New York § 27-375 (f).

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

137 A.D.3d 508, 26 N.Y.S.3d 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gil-v-m-sopher-co-llc-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack