Ozuna v. Lemle Realty Corp.

Appellate Division of the Supreme Court of New York

Ozuna v. Lemle Realty Corp.

254 A.D.2d 55, 678 N.Y.S.2d 329, 1998 N.Y. App. Div. LEXIS 10031

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

DecidedOctober 6, 1998

StatusPublished

Cited by1 cases

This text of 254 A.D.2d 55 (Ozuna v. Lemle Realty Corp.) 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

Ozuna v. Lemle Realty Corp., 254 A.D.2d 55, 678 N.Y.S.2d 329, 1998 N.Y. App. Div. LEXIS 10031 (N.Y. Ct. App. 1998).

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Opinion

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered March 9, 1998, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

An issue of fact exists as to whether defendant landlord’s failure to repair plaintiff tenant’s bedroom window was a proximate cause of the injuries plaintiff sustained when, in the middle of winter, after being unable to close the window from inside, she attempted to close the window while standing on the fire escape and fell as she attempted to reenter her apartment (see, Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315; Kellman v 45 Teimann Assocs., 87 NY2d 871). Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.

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Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered March 9, 1998, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

An issue of fact exists as to whether defendant landlord’s failure to repair plaintiff tenant’s bedroom window was a proximate cause of the injuries plaintiff sustained when, in the middle of winter, after being unable to close the window from inside, she attempted to close the window while standing on the fire escape and fell as she attempted to reenter her apartment (see, Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315; Kellman v 45 Teimann Assocs., 87 NY2d 871). Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.

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Bluebook (online)

254 A.D.2d 55, 678 N.Y.S.2d 329, 1998 N.Y. App. Div. LEXIS 10031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ozuna-v-lemle-realty-corp-nyappdiv-1998.

Opinion

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