Wims v River Park Bronx Apts., Inc.

Holding The court affirmed summary judgment for the plaintiff, finding that the defendants had actual notice of a wall leak and failed to properly remedy the condition. The court rejected the defendants’ argument that the plaintiff’s prior blocking of access proximately caused the injury, noting that the plaintiff had vacated the apartment to allow access.

The court’s words

plaintiff established his prima facie entitlement to summary judgment by submitting evidence that defendants had actual notice of the defect

2026 NY Slip Op 05869, at the official text

defendants' own internal emails demonstrate that plaintiff had placed his belongings in storage and vacated the apartment

2026 NY Slip Op 05869, at the official text

it appears that defendants simply plastered and painted over the ceiling, two weeks before the accident occurred

2026 NY Slip Op 05869, at the official text