Legal Opinion

Daly v. 9 East 36th LLC

Appellate Division of the Supreme Court of the State of New York

Decided September 5, 2017No. 4372 158991/14PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about September 13, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, affirmed, without costs.

Defendant is the owner of a building located at 9 East 36th Street. On June 19, 2013, plaintiff, a tenant in the building, sustained personal injuries from a fire in his rent-stabilized studio apartment. The fire was described in the Fire Incident Report of the fire department’s Bureau of Fire Investigation as originating “in [an] area of electrical wiring”; the report also noted the presence…

2Cases cited5 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Santoni v. Bertelsmann Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Concord Village Owners, Inc. v. Trinity Communications Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Onetti v. Gatsby CondominiumAppellate Division of the Supreme Court of the State of New York · 2013
  5. Fuller-Mosley v. Union Theological SeminaryAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by2 opinions

  1. Daly v. 9 East 36th LLCAppellate Division of the Supreme Court of the State of New York · 2017
  2. Ponomareva v. 1439 Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2020

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