Esdaille v. Whitehall Realty Co.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered January 18, 2007, which, insofar as appealed from, in an action for personal injuries resulting from an apartment fire, denied defendants-appellants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Appellants, the owner and managing agent of the subject building, failed to meet their initial burden of establishing a prima facie entitlement to summary judgment. Appellants failed to address two of the grounds for liability put forth by plaintiffs, i.e., that the smoke detector in…