Williamson v. Ogden Cap Properties, LLC

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered July 3, 2013, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to make a prima facie showing that they lacked constructive notice of the alleged defective mailbox panel, because it is undisputed that they never inspected the panel prior to plaintiff postal worker’s accident. Defendants’ alleged lack of a key to open the panel is not determinative, as they failed to show that a cursory inspection would not have disclosed the loose…