Triable issues of fact exist as to whether defendants, the owners and managers of the building, had constructive notice of the defective condition of the window. Defendants were aware of problems with the building's windows staying in an upright position, based on the replacement of balances on a number of plaintiff's own windows, including the subject window, and on many of those elsewhere in the building prior to the accident (see Radnay v 1036 Park Corp.,
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HERMINA v. 2050 VALENTINE AVE. LLC
13024, 303259/11
120 A.D.3d 1131 (2014)
992 N.Y.S.2d 424
2014 NY Slip Op 06367
MAILA HERMINA et al., Appellants, v. 2050 VALENTINE AVENUE LLC et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided September 25, 2014.
Decided September 25, 2014.
Appellate Division of the Supreme Court of New York, First Department.
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