Opinion
2014-09-25
YANIVETH R., an Infant by her Mother and Natural Guardian, RAMONA S., et al., Plaintiffs–Appellants, v. LTD REALTY CO., et al., Defendants–Respondents, Simone Damesek, etc., et al., Defendants. [And a Third Party Action].
Levy Konigsberg, LLP, New York (Alan J. Konigsberg of counsel), for appellants. Furey, Furey Leverage, Manzione, Williams & Darlington, P.C., Hempstead (Thomas G. Leverage of counsel), for respondents.
Levy Konigsberg, LLP, New York (Alan J. Konigsberg of counsel), for appellants. Furey, Furey Leverage, Manzione, Williams & Darlington, P.C., Hempstead (Thomas G. Leverage of counsel), for respondents.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 28, 2013, which, to the extent appealed from as limited by the briefs, granted defendant LTD Realty Co.'s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Defendant established prima facie that the infant plaintiff was cared for at the apartment, during the day, but resided elsewhere, with her parents ( see Administrative Code of City of N.Y. former § 27–2013[h][1], now §§ 27–2056.3, 27–2056.5, 27–2056.6, 27–2056.18; Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628, 649 N.Y.S.2d 115, 672 N.E.2d 135 [1996] ); Hanlan v. Parkchester N. Condominium, Inc., 32 A.D.3d 799, 822 N.Y.S.2d 46 [1st Dept.2006]; Michaud v. Lefferts 750, LLC, 87 A.D.3d 990, 929 N.Y.S.2d 612 [2d Dept.2011] ). In opposition, plaintiffs failed to raise an issue of fact as to the infant's residence at the premises.
We have considered plaintiffs' remaining arguments and find them unavailing. SWEENY, J.P., MOSKOWITZ, DeGRASSE, MANZANET–DANIELS, CLARK, JJ., concur.