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TAHERI v. 1878 LEXINGTON AVENUE ASSOCIATES

26 A.D.3d 303 (2006)

810 N.Y.S.2d 60

SEYED TAHERI et al., Respondents, v. 1878 LEXINGTON AVENUE ASSOCIATES, Sued Herein as 1878 LEX AVE ASSOCIATES, Appellant.

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

February 28, 2006.

Plaintiff Seyed Taheri was injured when he turned on an allegedly defective boiler in defendant's building. Defendant failed to satisfy its burden of demonstrating a prima facie entitlement to summary judgment as a matter of law (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). In any event, plaintiffs submitted sufficient evidence, including the testimony and affidavit of the person who had requested assistance in turning...

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