Sacca v. 41 Bleecker Street Owners Corp.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered December 24, 2007, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff was struck by a falling window screen as he walked past defendant’s property on Bleecker Street in October 2004. There is no evidence that defendant had actual or constructive notice of a defective condition…