Hernandez v. 21 Realty Co.

Appellate Division of the Supreme Court of New York

Hernandez v. 21 Realty Co.

113 A.D.3d 503, 978 N.Y.2d 841

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

DecidedJanuary 21, 2014

StatusPublished

This text of 113 A.D.3d 503 (Hernandez v. 21 Realty Co.) 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

Hernandez v. 21 Realty Co., 113 A.D.3d 503, 978 N.Y.2d 841 (N.Y. Ct. App. 2014).

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Opinion

Defendants’ motion was properly denied in this action where plaintiff was injured when she slipped on an accumulation of water and fell in the bathroom of her apartment in a building owned and managed by defendants. The water that caused plaintiffs fall came from a leak in the bathroom ceiling. The record shows that issues exist as to whether defendants had notice of the leak in the ceiling. Defendants failed to demonstrate that they owed no duty to plaintiff. Moreover, the conflicting expert affidavits, as well as plaintiffs deposition testimony as to the manner in which she fell, raise issues that are inappropriate for summary judgment (see e.g. Bradley v Soundview Health-center, 4 AD3d 194 [1st Dept 2004]).

The court also properly determined that issues remain as to the applicability of the doctrine of res ipsa loquitur, including whether the leaking ceiling causing an accumulation of water on the bathroom floor was in the exclusive control of defendants (see Mejia v New York City Tr. Auth., 291 AD2d 225, 227 [1st Dept 2002]). Furthermore, the court properly considered the tax returns submitted in opposition to defendants’ motion as some support for plaintiff’s claim of lost wages. Concur— Tom, J.P., Saxe, Moskowitz, Gische and Clark, JJ.

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Defendants’ motion was properly denied in this action where plaintiff was injured when she slipped on an accumulation of water and fell in the bathroom of her apartment in a building owned and managed by defendants. The water that caused plaintiffs fall came from a leak in the bathroom ceiling. The record shows that issues exist as to whether defendants had notice of the leak in the ceiling. Defendants failed to demonstrate that they owed no duty to plaintiff. Moreover, the conflicting expert affidavits, as well as plaintiffs deposition testimony as to the manner in which she fell, raise issues that are inappropriate for summary judgment (see e.g. Bradley v Soundview Health-center, 4 AD3d 194 [1st Dept 2004]).

The court also properly determined that issues remain as to the applicability of the doctrine of res ipsa loquitur, including whether the leaking ceiling causing an accumulation of water on the bathroom floor was in the exclusive control of defendants (see Mejia v New York City Tr. Auth., 291 AD2d 225, 227 [1st Dept 2002]). Furthermore, the court properly considered the tax returns submitted in opposition to defendants’ motion as some support for plaintiff’s claim of lost wages. Concur— Tom, J.P., Saxe, Moskowitz, Gische and Clark, JJ.

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Bluebook (online)

113 A.D.3d 503, 978 N.Y.2d 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-21-realty-co-nyappdiv-2014.

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