Perez v. New York City Housing Authority

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered October 18, 2012, which granted defendant New York City Housing Authority’s (NYCHA) motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendant failed to meet its prima facie burden of demonstrating that it did not create the alleged condition.

In addition, NYCHA failed to demonstrate it lacked constructive notice of the alleged condition. In order to establish its lack of constructive notice of the complained-of condition, NYCHA was required to offer…