Opinion
2012-12-20
Alphy VANDERLINDE, et al., Plaintiffs–Appellants, v. 600 WEST 183RD STREET REALTY CORP., Defendant–Respondent.
Trolman, Glaser & Lichtman, P.C., New York (Michael T. Altman of counsel), for appellants. Francine Scotto, Staten Island, for respondent.
Trolman, Glaser & Lichtman, P.C., New York (Michael T. Altman of counsel), for appellants. Francine Scotto, Staten Island, for respondent.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 2, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant landlord made a prima facie showing of its entitlement to judgment as a matter of law with evidence that it had no duty to maintain, repair or replace the smoke detector in the tenant plaintiffs' apartment. Defendant submitted evidence showing that it had installed a functional smoke detector in plaintiffs' apartment within one year of the subject fire and had not received written notice of an inoperable detector within one year of its installation ( see Administrative Code of City of N.Y. § 27–2045[a][1], [3], [4]; [c] ).
In opposition, plaintiffs failed to raise a triable issue of fact. Any oral complaints about the smoke detector did not impose a duty upon defendant ( see Administrative Code § 27–2045[a][4] ).
We have considered plaintiffs' remaining arguments and find them unavailing.