AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ERIC TRAVERS, Appellant, v. CHARLES H. GREENTHAL MANAGEMENT CORP. et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint. To hold a landlord liable for a hazardous condition upon its property, a plaintiff must show that the landlord either created the condition or had actual or constructive notice of its existence ( see Jackson v City of New York, 55 AD3d 546, 547; Plakstis v Lighthouse, LLC, 37 AD3d 573, 573-574).

Here, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they neither created nor had actual or constructive notice of an alleged toxic mold condition in the plaintiffs apartment ( see Litwack v Plaza Realty Invs., Inc., 11 NY3d 820, 821-822; Beck v J.J.A. Holding Corp., 12 AD3d 238, 239-240). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324).

Use AI to get other relevant cases.

Comments

TRAVERS v. CHARLES H. GREENTHAL MGMT
(Oct 13, 2009)