Bonilla v. 191 Realty Assoc., L.P.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered May 13, 2013, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to establish entitlement to judgment as a matter of law in this action where plaintiff alleges that defendant negligently allowed a broken window on the premises to remain propped open by a tin can for several months, which permitted rain water to enter and spill onto a landing of an interior staircase, where plaintiff fell. Defendant did not demonstrate that it lacked notice of…