Ozuna v. Lemle Realty Corp.

Full title: LOURDES OZUNA, Respondent, v. LEMLE REALTY CORP., Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 6, 1998

254 A.D.2d 55 (N.Y. App. Div. 1998)

678 N.Y.S.2d 329

Opinion

October 6, 1998

Appeal from the Supreme Court, Bronx County (Gerald Esposito, J.).

An issue of fact exists as to whether defendant landlord's failure to repair plaintiff tenant's bedroom window was a proximate cause of the injuries plaintiff sustained when, in the middle of winter, after being unable to close the window from inside, she attempted to close the window while standing on the fire escape and fell as she attempted to reenter her apartment ( see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315; Kellman v. 45 Teimann Assocs., 87 N.Y.2d 871).

Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.