Perez v. 2305 University Avenue, LLC

Order, Supreme Court, Bronx County (Howard H. Sherman,. J.), entered April 14, 2010, which, in an action for personal injuries allegedly sustained by plaintiffs decedent when the ceiling in his bedroom collapsed and fell on him, denied defendant building owner’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant’s motion was based largely on the deposition testimony of its superintendent and building manager denying that the decedent or his daughter, plaintiff herein, had ever complained about the ceilings or walls in the decedent’s apartment…