Rodriguez v. E&P Associates

Order, Supreme Court, Bronx County (Nelson S. Román, J.), entered August 14, 2008, which granted the summary judgment motions of all but the Modell’s defendants to dismiss the complaint, and denied plaintiff’s cross motion for summary judgment against all defendants, unanimously affirmed, without costs.

The evidence established that defendants did not create a dangerous or blatantly defective condition in constructing a non-weight-bearing window ledge, which collapsed and through which plaintiff fell. The renovation plans, which incorporated plans for the interior build-out by lessee Modell’s,…