Rodriquez v Concourse Vil. Inc.
2013 NY Slip Op 01354 [104 AD3d 410]
March 5, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


Kenneth Rodriquez et al., Respondents,
v
Concourse Village Inc., Appellant.

[*1]

Richard C. Rubinstein , New York, for appellant.

Wingate, Russotti, Shapiro & Halperin, LLP, New York (William P. Hepner of counsel), for respondents.

Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered on or about August 3, 2012, which, in this personal injury action arising from a fall in defendant's building, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff raised issues of fact as to whether defendant complied with its inspection schedule on the day of the accident, and when the area was last inspected before the accident (see Williams v New York City Hous. Auth., 99 AD3d 613 [1st Dept 2012]; Deluna-Cole v Tonali, Inc., 303 AD2d 186, 186 [1st Dept 2003]). According summary judgment is precluded.

In the light of the foregoing we need not reach the other issues raised. Concur—Gonzalez, P.J., Mazzarelli, Renwick, Richter and Gische, JJ.