OZUNA v. LEMLE REALTY CORP (1998)

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

Lourdes OZUNA, Plaintiff-Respondent, v. LEMLE REALTY CORP., Defendant-Appellant.

Decided: October 06, 1998

Before ROSENBERGER, J.P., and ELLERIN, WALLACH and WILLIAMS, JJ.

Samuel Hirsch, for plaintiff-respondent. John R. Marquez, for defendant-appellant.

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered March 9, 1998, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

An issue of fact exists as to whether defendant landlord's failure to repair plaintiff tenant's bedroom window was a proximate cause of the injuries plaintiff sustained when, in the middle of winter, after being unable to close the window from inside, she attempted to close the window while standing on the fire escape and fell as she attempted to reenter her apartment (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315, 434 N.Y.S.2d 166, 414 N.E.2d 666; Kellman v. 45 Tiemann Assocs., 87 N.Y.2d 871, 638 N.Y.S.2d 937, 662 N.E.2d 255).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network