Sawchuk v. 335 Realty 58 Associates

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about November 3, 2006, which, insofar as appealed from as limited by the briefs, granted summary judgment in favor of defendant building management company, and denied summary judgment motion in favor of defendant building owner, a partnership, and defendant general partners of the owner, unanimously affirmed, without costs.

An issue of fact exists whether the partnership and its general partners had constructive notice of the unsafe hot water condition described by plaintiffs expert. That issue is raised by…