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MANDEL v. 340 OWNERS CORP.

Index No. 155169/17. Appeal No. 12577-12577A. Case No. 2020-00850.

189 A.D.3d 483 (2020)

137 N.Y.S.3d 342

2020 NY Slip Op 07316

Laura Mandel, Appellant, v. 340 Owners Corp. et al., Respondents.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Gair, Gair, Conason, Rubinowitz, Blom, Hershenhorn, Steigman & Mackauf, New York ( Christopher J. Donadio of counsel), for appellant.

Mauro Lilling Naparty, LLP, Woodbury ( Anthony F. DeStefano of counsel), for respondents.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.

Defendants' failure to establish prima facie entitlement to judgment as a matter of law requires the denial of the motion regardless of the strength of plaintiff's opposition (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). They failed to offer evidence of their inspection routines, including evidence regarding the last time the accident site was inspected (see Caban v Bronx...

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