Wong v. Olympic Towers Condo Ass'n

Appellate Division of the Supreme Court of New York

Wong v. Olympic Towers Condo Ass'n

288 A.D.2d 23, 732 N.Y.S.2d 168, 2001 N.Y. App. Div. LEXIS 10193

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

DecidedNovember 1, 2001

StatusPublished

This text of 288 A.D.2d 23 (Wong v. Olympic Towers Condo Ass'n) 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

Wong v. Olympic Towers Condo Ass'n, 288 A.D.2d 23, 732 N.Y.S.2d 168, 2001 N.Y. App. Div. LEXIS 10193 (N.Y. Ct. App. 2001).

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Opinion

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about July 14, 2000, which granted the motion for summary judgment of defendant 40D6262 Corp. and the cross motion for summary judgment of defendants Olympic Towers Condo Association and Olympic Tower Associates dismissing the complaint in its entirety, unanimously affirmed, without costs.

Plaintiff in this action seeks damages for injuries allegedly attributable to a ceiling defect in a residential condominium unit. In support of their motions for summary judgment, mov[24]*24ants made a prima facie showing that they had neither actual nor constructive notice of the alleged defect. Since plaintiff failed to adduce evidence sufficient to raise a triable issue as to notice, summary judgment dismissing the complaint was proper (see, Zuckerman v City of New York, 49 NY2d 557, 562). Concur — Nardelli, J. P., Williams, Ellerin, Friedman and Mar-low, JJ.

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—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about July 14, 2000, which granted the motion for summary judgment of defendant 40D6262 Corp. and the cross motion for summary judgment of defendants Olympic Towers Condo Association and Olympic Tower Associates dismissing the complaint in its entirety, unanimously affirmed, without costs.

Plaintiff in this action seeks damages for injuries allegedly attributable to a ceiling defect in a residential condominium unit. In support of their motions for summary judgment, mov[24]*24ants made a prima facie showing that they had neither actual nor constructive notice of the alleged defect. Since plaintiff failed to adduce evidence sufficient to raise a triable issue as to notice, summary judgment dismissing the complaint was proper (see, Zuckerman v City of New York, 49 NY2d 557, 562). Concur — Nardelli, J. P., Williams, Ellerin, Friedman and Mar-low, JJ.

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Bluebook (online)

288 A.D.2d 23, 732 N.Y.S.2d 168, 2001 N.Y. App. Div. LEXIS 10193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wong-v-olympic-towers-condo-assn-nyappdiv-2001.

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