In Hermina v. 2050 Valentine Ave. LLC, the Appellate Division, First Department reversed summary judgment in favor of defendants. In this personal injury case, plaintiff sustained injuries when the window in her apartment suddently fell while her hands were on the window sill.
In reversing summary judgment, the court held:
Triable issues of fact exist as to whether defendants, the owners and managers of the building, had constructive notice of the defective condition of the window. Defendants were aware of problems with the building’s windows staying in an upright position, based on the replacement of balances on a number of plaintiff’s own windows, including the subject window, and on many of those elsewhere in the building prior to the accident. …
Defendants’ argument that there was no requirement to periodically inspect the window balances in the apartment, is unconvincing. Once defendants knew that an appreciable number of the windows in the building required attention, they had an obligation to inspect all of them.