MIRKINSON v. STONEHILL REALTY CORP.


53 A.D.3d 534 (2008)

859 N.Y.S.2d 873

ONA MIRKINSON, Respondent, v. STONEHILL REALTY CORP., Appellant.

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

Decided July 8, 2008.


Ordered that the order is affirmed, with costs.

The defendant landlord failed to establish as a matter of law that an alleged defect in the installation of the hood over the stove in the plaintiff tenant's apartment was not apparent at the time he inspected the premises and assumed ownership. Accordingly, its motion for summary judgment was properly denied (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985...

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