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DUNN v. 6-8 ST. NICHOLAS REALTY CORP.

Index No. 24007/16E. Appeal No. 15707. Case No. 2021-01340.

204 A.D.3d 466 (2022)

164 N.Y.S.3d 441

2022 NY Slip Op 02359

Tyrone Dunn, Appellant, v. 6-8 St. Nicholas Realty Corp., et al., Respondents, et al., Defendant.

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

Decided April 12, 2022.

Attorney(s) appearing for the Case

Burns & Harris, New York ( Nic Gerschman , of counsel) for appellant.

Bennett Bricklin & Saltzberg, LLC, New York ( Joseph DeDonato , of counsel) for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Gesmer, Oing, JJ.

Plaintiff established his prima facie entitlement to summary judgment by submitting evidence that the hotel had actual notice of the defect that caused his injury and that the defect was not repaired (see Singh v United Cerebral Palsy of N.Y. City, Inc., 72 A.D.3d 272, 275 [1st Dept 2010]). According to the testimonial and photographic evidence, the ceiling of plaintiff's room in the hotel (which operated as a homeless shelter) had...

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