MARIA DEL CARMEN CUAYA COYOTL v. 2504 BPE REALTY LLC

11844, 300638/08

114 A.D.3d 620 (2014)

980 N.Y.S.2d 767

2014 NY Slip Op 1399

MARIA DEL CARMEN CUAYA COYOTL, Respondent, v. 2504 BPE REALTY LLC, Appellant.

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

Decided February 27, 2014.


Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 26, 2013, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that defendant failed to sustain its initial burden of demonstrating that its negligence was not a proximate cause of plaintiff's injuries. Defendant's manager testified that neither he nor the building superintendent inspected the fire escape at any...

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