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CORNELL v. 360 WEST 51ST ST. REALTY, LLC

No. 16

22 N.Y.3d 762 (2014)

9 N.E.3d 884

986 N.Y.S.2d 389

2014 NY Slip Op 2096

BRENDA CORNELL, Respondent, v. 360 WEST 51ST STREET REALTY, LLC, et al., Defendants, and 360 WEST 51ST STREET CORP., Appellant.

Court of Appeals of New York.

Decided March 27, 2014.

Attorney(s) appearing for the Case

Bonner Kiernan Trebach & Crociata LLP, New York City ( Mindy L. Jayne and Alan L. Korzen of counsel), for appellant.

Gallet Dreyer & Berkey, LLP, New York City ( Morrell I. Berkowitz and Joseph V Aulicino of counsel), for respondent.

Schechter & Brucker, PC., New York City ( Thomas V Juneau, Jr. , of counsel), for Council of New York Cooperatives & Condominiums, amicus curiae.

OPINION OF THE COURT

READ, J.

For the reasons that follow, we conclude that plaintiff Brenda Cornell (Cornell) did not raise a triable issue of fact to rebut the prima facie showing made by defendant 360 West 51st Street Corp. (51st Street Corporation or the corporation) that her claimed personal injuries were not caused by indoor exposure to dampness and mold. Accordingly, Supreme Court properly granted the corporation's cross motion for summary judgment...

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