PADILLA v. HOPE W. 118TH HOUS. CO., INC.

Index No. 156139/16. Appeal Nos. 15760-15760A. Case Nos. 2021-01670, 2021-02230.

204 A.D.3d 545 (2022)

165 N.Y.S.3d 278

2022 NY Slip Op 02630

Diane Padilla, Appellant, v. Hope West 118th Housing Company, Inc., Respondent.

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

Decided April 21, 2022.


Attorney(s) appearing for the Case

Kahn Gordon Timko & Rodriques, P.C., New York ( Nicholas I. Timko , of counsel) for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Thomas A. Gentile , of counsel) for respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.


In this action in which plaintiff slipped and fell on water that leaked from a toilet located on the floor above where her accident occurred, the court correctly granted defendant summary judgment. Defendant established its entitlement to judgment as a matter of law, in that while it was an out-of-possession landlord with the right to reenter the leased premises to inspect or repair, the alleged defect was not a structural defect and it did not violate a specific statutory...

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