Del Carmen Cuaya Coyotl v. 2504 BPE Realty LLC

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 26, 2013, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that defendant failed to sustain its initial burden of demonstrating that its negligence was not a proximate cause of plaintiff’s injuries. Defendant’s manager testified that neither he nor the building superintendent inspected the fire escape at any time (see Hayes v Riverbend Hous. Co., Inc., 40 AD3d 500, 501 [1st Dept 2007], lv denied 9 NY3d 809 [2007]; Perez v 2305 Univ. Ave.,…