Opinion
May 26, 1998
Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).
The motion court correctly concluded that there were outstanding factual issues as to the cause of the flooding in plaintiffs apartment precluding summary dismissal of the claims against defendant Housing Corporation ( Schneider v. Ardsley Tenants Corp., 191 A.D.2d 265). This is particularly so since plaintiff was, in light of the Housing Corporation's continuing failure to turn over certain presumptively relevant documents it would reasonably be expected to possess and produce, entitled to the inference that those documents contained information favorable to its claims against the corporate defendant ( see, Gruntz v. Deepdale Gen. Hosp., 163 A.D.2d 564).
Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.