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GRALNIK v. BRIGHTON BEACH ASSOCIATES, LLC

3 A.D.3d 518 (2004)

770 N.Y.S.2d 633

CLARA GRALNIK, Appellant, v. BRIGHTON BEACH ASSOCIATES, LLC, et al., Defendants, and OLYMPIA MECHANICAL PIPING & HEATING CORP., Respondent.

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

January 20, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Olympia Mechanical Piping & Heating Corp. (hereinafter Olympia) established its entitlement to judgment as a matter of law by adducing evidence that it did not negligently install a toilet in the plaintiff's apartment approximately 4½ years before her accident (see Dini v Imperial Workwear Servs., 300 A.D.2d 279 [2002]). In opposition...

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