Pimentel v Marx Realty & Improvement Co., Inc.

Pimentel v Marx Realty & Improvement Co., Inc. 2008 NY Slip Op 08256 [55 AD3d 480] October 30, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 10, 2008

Aphrodite Pimentel, Respondent,
v
Marx Realty & Improvement Co., Inc., Appellant.

—[*1] McAndrew Conboy & Prisco, LLP, Woodbury (Mary C. Azzaretto of counsel), for appellant.

Pena & Kahn, PLLC, Bronx (Steven L. Kahn of counsel), for respondent.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about December 10, 2007, which denied defendant's motion for summary judgment, unanimously affirmed, without costs.

Defendant, an out-of-possession landlord that reserved the right of reentry to inspect and make structural repairs, failed to demonstrate its entitlement to judgment as a matter of law (Cortes v 1515 Williamsbridge Assoc., 295 AD2d 188 [2002]; see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559, 565 [1987]). Plaintiff's evidence raised an issue of fact as to whether the lack of a handrail in the stairwell was a structural defect that violated a specific statutory provision, contributing to her fall. Concur—Lippman, P.J., Mazzarelli, Williams, Buckley and Renwick JJ.