New York Supreme and/or Appellate Courts Appellate Division, First Department
December 20, 2012
ALPHY VANDERLINDE, ET AL.,
600 WEST 183RD STREET REALTY CORP.,
Vanderlinde v 600 W. 183rd St. Realty Corp.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 20, 2012
Tom, J.P., Sweeny, DeGrasse, Manzanet-Daniels, Clark, JJ.
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 NY § 27-2045[a], , ; [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]).
We have considered plaintiffs' remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 20, 2012
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