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MUNOZ v. 42 HOLDING CORPORATION

30 A.D.3d 361 (2006)

817 N.Y.S.2d 286

MACIEL MUNOZ, an Infant, by Her Mother, MARIA JOSEPINA FAMILIA, Respondent, v. 42 HOLDING CORPORATION, Appellant.

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

June 29, 2006.

Defendant met its prima facie burden of establishing lack of notice that a child no more than seven years of age resided in the subject apartment. However, based on multiple repairs allegedly made in the apartment by the superintendent, and the fact that plaintiff and the superintendent lived on the same floor, plaintiff raised material issues of fact as to whether defendant had constructive notice that such a child lived in the...

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