| Yaniveth R. v LTD Realty Co. |
| 2014 NY Slip Op 06379 [120 AD3d 1142] |
| September 25, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Yaniveth R., an Infant, by Her Mother and Natural
Guardian, Ramona S., et al., Appellants, v LTD Realty Co. et al., Respondents, et al., Defendants. (And a Third-Party Action.) |
Levy Konigsberg, LLP, New York (Alan J. Konigsberg of counsel), for appellants.
Furey, Furey Leverage, Manzione, Williams & Darlington, P.C., Hempstead (Thomas G. Leverage of counsel), for respondents.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 28, 2013, which, to the extent appealed from as limited by the briefs, granted defendant LTD Realty Co.'s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Defendant established prima facie that the infant plaintiff was cared for at the apartment, during the day, but resided elsewhere, with her parents (see Administrative Code of City of NY former § 27-2013 [h] [1], now §§ 27-2056.3, 27-2056.5, 27-2056.6, 27-2056.18; Juarez v Wavecrest Mgt. Team, 88 NY2d 628 [1996]; Hanlan v Parkchester N. Condominium, Inc., 32 AD3d 799 [1st Dept 2006]; Michaud v Lefferts 750, LLC, 87 AD3d 990 [2d Dept 2011]). In opposition, plaintiffs failed to raise an issue of fact as to the infant's residence at the premises.
We have considered plaintiffs' remaining arguments and find them unavailing. Concur—Sweeny, J.P., Moskowitz, DeGrasse, Manzanet-Daniels and Clark, JJ.