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MIRKINSON v. STONEHILL REALTY CORP.

2007-09407.

2008 NY Slip Op 06196

ONA MIRKINSON, respondent, v. STONEHILL REALTY CORP., appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Jacobson & Schwartz, Rockville Centre, N.Y. (Henry J. Cernitz of counsel), for appellant.

Rosenberg, Minc, Falkoff & Wolff, LLP, New York, N.Y. (Steven C. Falkoff of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The defendant landlord failed to establish as a matter of law that an alleged defect in the installation of the hood over the stove in the plaintiff tenant's apartment was not apparent at the time he inspected the premises and assumed ownership. Accordingly, its motion for summary judgment was properly denied (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851...

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