Feliz v. Daka Holdings, LLC

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered October 3, 2013, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied in this action where plaintiff sustained injuries in a fire in defendant’s building. The fire originated in a mattress, which was left by a tenant in a building hallway and was set on fire by an unidentified person. Triable issues of fact exist as to whether it was foreseeable that someone might set fire to a mattress that was left in the hallway,…