NESTENBORG v. STANDARD INTL. MGT., LLC

Index Nos. 157227/15, 595006/16. Appeal No. 15362. Case No. 2021-00980.

202 A.D.3d 628 (2022)

159 N.Y.S.3d 839

2022 NY Slip Op 01247

Carl H.R. Nestenborg, Respondent, v. Standard International Management, LLC, et al., Appellants. (And Third-Party Actions.).

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Cartafalsa, Turpin & Lenoff, New York ( Anthony Orcel of counsel), for appellants.

David Horowitz, P.C., New York ( Christopher S. Joslin of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.


Defendants failed to establish prima facie that they did not create or have notice of the allegedly hazardous condition of the bathroom sink that dislodged from the wall and caused plaintiff's injury. Although defendants submitted testimony regarding their periodic preventive maintenance checks of the hotel guest rooms performed at the time of the witness' deposition, they did not submit any evidence stating when the sink was last inspected before plaintiff's accident. In...

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