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WENZEL v. ALL CITY REMODELING, INC.

Index No. 155533/17. Appeal No. 14045. Case No. 2020-02853.

195 A.D.3d 496 (2021)

145 N.Y.S.3d 342

2021 NY Slip Op 03674

Ilonna Wenzel, Respondent, v. All City Remodeling, Inc., et al., Defendants, and 217 E 88th and 212-234 E 89th LLC, Appellant.

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

Decided June 10, 2021.

Attorney(s) appearing for the Case

Brody, O'Connor & O'Connor, New York ( Thomas S. Reilly of counsel), for appellant.

Law Office of Stephen H. Frankel, Garden City ( Mellissa A. Lenowitz of counsel), for Ilonna Wenzel, respondent.

Concur—Manzanet-Daniels, J.P., Gische, Oing, Shulman, JJ.

The landlord failed to establish entitlement to judgment as a matter of law in this action where plaintiff's ceiling collapsed upon her while she was sleeping. The landlord failed to submit sufficient evidence showing that it neither created nor had actual or constructive notice of the hazardous condition (see Negroni v Langsam Prop. Servs. Corp., 124 A.D.3d 565, 565-566 [1st Dept 2015]). Plaintiff testified that she specifically...

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