Martinez v 561 W. 144 Realty LLC

Holding The court affirmed the denial of summary judgment because the defendant failed to establish that it lacked actual or constructive notice of the defective ceiling. The plaintiff’s testimony that building staff painted over visible mold created a triable issue of fact regarding the defendant’s knowledge of the defect.

The court’s words

failed to establish prima facie entitlement to summary judgment, as it did not sustain its initial burden

2026 NY Slip Op 06251, at the official text

creates a triable issue of fact as to whether defendant knew about moisture

2026 NY Slip Op 06251, at the official text

inconsistency at most raises a credibility question not properly resolved on summary judgment

2026 NY Slip Op 06251, at the official text