ESDAILLE v. WHITEHALL REALTY COMPANY


50 A.D.3d 251 (2008)

854 N.Y.S.2d 385

MILCA ESDAILLE, Individually and as Mother and Natural Guardian of ALANNA VAUGHNS, an Infant, Plaintiff, v. WHITEHALL REALTY COMPANY et al., Respondents. MILCA ESDAILLE, Individually and as Mother and Natural Guardian of ALANNA VAUGHNS, an Infant, Respondent, v. WHITEHALL TENANTS CORP. et al., Appellants.

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

Decided April 1, 2008.


Appellants, the owner and managing agent of the subject building, failed to meet their initial burden of establishing a prima facie entitlement to summary judgment. Appellants failed to address two of the grounds for liability put forth by plaintiffs, i.e., that the smoke detector in the apartment was not maintained in proper working order and that the window guards had been negligently installed, and although appellants attempted to cure these deficiencies in a reply affirmation...

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