Opinion
8956.
June 29, 2006.
Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered December 9, 2005, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Leahey Johnson, P.C., New York (James P. Tenney of counsel), for appellant.
Martin R. Munitz, New York, for respondents.
Before: Sullivan, J.P., Williams, Catterson and McGuire, JJ., concur.
Defendant met its prima facie burden of establishing lack of notice that a child no more than seven years of age resided in the subject apartment. However, based on multiple repairs allegedly made in the apartment by the superintendent, and the fact that plaintiff and the superintendent lived on the same floor, plaintiff raised material issues of fact as to whether defendant had constructive notice that such a child lived in the apartment ( see Woolfalk v. New York City Hous. Auth., 263 AD2d 355; cf. Juarez v. Wavecrest Mgt. Team, 88 NY2d 628).
We have considered defendant's other arguments and find them unavailing.