Mirkinson v Stonehill Realty Corp.
2008 NY Slip Op 06196 [53 AD3d 534]
July 8, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008

Ona Mirkinson, Respondent,
Stonehill Realty Corp., Appellant.

[*1] Jacobson & Schwartz, Rockville Centre, N.Y. (Henry J. Cernitz of counsel), for appellant.

Rosenberg, Minc, Falkoff & Wolff, LLP, New York, N.Y. (Steven C. Falkoff of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated September 5, 2007, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant landlord failed to establish as a matter of law that an alleged defect in the installation of the hood over the stove in the plaintiff tenant's apartment was not apparent at the time he inspected the premises and assumed ownership. Accordingly, its motion for summary judgment was properly denied (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Hayes v Riverbend Hous. Co., Inc., 40 AD3d 500 [2007]). Santucci, J.P., Angiolillo, Eng and Chambers, JJ., concur.