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BRILLIANT v. DCVM REALTY

284 A.D.2d 289 (2001)

725 N.Y.S.2d 372

MARK BRILLIANT, Respondent, v. DCVM REALTY, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 4, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, Mark Brilliant, claims that he was injured by a defective condition at the premises owned by the defendant, DCVM Realty, and leased to his employer. The alleged defective condition consisted of an air-conditioning unit installed at eye level which protruded from the side of the premises. The plaintiff allegedly...

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