Legal Opinion

Peña v. Tyrax Realty Management, Inc.

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

Decided May 9, 2017Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about May 31, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to make a prima facie showing of their entitlement to summary judgment, since the evidence they submitted raises genuine issues of fact about whether they created a dangerous condition (see DiVetri v ABM Janitorial Serv., Inc., 119 AD3d 486, 487 [1st Dept 2014]). The superintendent of the building owned by defendant 2305 Grandco and managed by defendant Tyrax testified…

2Cases cited3 opinions

  1. Yuk Ping Cheng Chan v. Young T. Lee & Son Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  2. DiVetri v. ABM Janitorial Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Marquez v. 171 Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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