LUGO v. NEW YORK CITY HOUS. AUTH.

Index No. 26358/20E. Appeal No. 68. Case No. 2022-04814.

215 A.D.3d 490 (2023)

186 N.Y.S.3d 205

2023 NY Slip Op 01959

Dechma Lugo, Respondent, v. New York City Housing Authority, Appellant.

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

Decided April 18, 2023.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellant.

Law Offices of John P. Grill, P.C., Carmel ( John P. Grill of counsel), for respondent.

Concur— Kapnick, J.P., Moulton, Kennedy, Mendez, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Leticia M. Ramirez, J.), entered on or about September 30, 2022, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant did not satisfy its prima facie burden of establishing its entitlement to judgment as a matter of law. Defendant failed to eliminate all issues of fact as to its notice of the deteriorated condition of the kitchen drainpipe, which resulted in...

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