Opinion
17022 Index No. 160714/16 Case No. 2022–01273
01-05-2023
Katherine SACKAS, Plaintiff–Respondent, v. 240 EAST 46TH STREET CONDOMINIUM et al., Defendants–Appellants.
Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for appellants. Ressler & Ressler, New York (Bruce J. Ressler of counsel), for respondent.
Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for appellants.
Ressler & Ressler, New York (Bruce J. Ressler of counsel), for respondent.
Renwick, J.P., Gesmer, Kennedy, Scarpulla, Pitt–Burke, JJ.
Order, Supreme Court, New York County (Gerald Lebovits, J.), entered February 23, 2022, which denied defendants 240 East 46th Street Condominium and Key Real Estate Associates, LLC's motion for summary judgment dismissing plaintiff's negligence and detrimental reliance claim, unanimously affirmed, without costs.
Defendants failed to demonstrate their prima facie entitlement to summary judgment as to assumed duty and detrimental reliance (see Nallan v. Helmsley–Spear, Inc., 50 N.Y.2d 507, 514, 520–523, 429 N.Y.S.2d 606, 407 N.E.2d 451 [1980] ). Defendants had a building safety protocol in which no one would be sent up to an apartment without a front desk announcement followed by tenant consent, and plaintiff testified that she knew of and relied on that protocol in unlocking her door while waiting for the food delivery when the building's doorman assaulted her.
We have considered defendants’ remaining arguments and find them unavailing.