Hermina v. 2050 Valentine Avenue LLC

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered July 1, 2013, which, in this action for personal injuries sustained when the window in plaintiff Malia Hermina’s apartment suddenly fell while her hands were on the window sill, granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Triable issues of fact exist as to whether defendants, the owners and managers of the building, had constructive notice of the defective condition of the window. Defendants were aware of problems with the…