Legal Opinion

Centeno v. 575 E. 137th St. Real Estate, Inc.

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

Decided November 19, 2013Published

1Opinion of the Court

— Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about October 16, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Elaintiff failed to show that the trapdoor through which he fell suffered from a structural or design defect in violation of a specific statutory provision, as required to impose liability upon defendant, an out-of-possession landlord (see Kittay v Moskowitz, 95 AD3d 451 [1st Dept 2012], lv denied 20 NY3d 859 [2013]; Devlin v Blaggards III Rest. Corp., 80 AD3d 497 [1st Dept 2011],…

2Cases cited4 opinions

  1. Cusumano v. City of New YorkNew York Court of Appeals · 2010
  2. Kittay v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2012
  3. Devlin v. Blaggards III Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Ram v. 64th Street-Third Ave. Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2009

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