Lewis v. MBD Silva Taylor Hous. Dev. Fund Co.

• Decision Date: 10 May 2018
• Docket Number: Index 307106/13,6507
• Citation: 161 A.D.3d 489,77 N.Y.S.3d 356
• Parties: Sasha LEWIS, Plaintiff–Respondent, v. MBD SILVA TAYLOR HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Defendants–Appellants.
• Court: New York Supreme Court — Appellate Division

161 A.D.3d 489

77 N.Y.S.3d 356

Sasha LEWIS, Plaintiff–Respondent,

v.MBD SILVA TAYLOR HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Defendants–Appellants.

6507

Index 307106/13

Supreme Court, Appellate Division, First Department, New York.

ENTERED: MAY 10, 2018

London Fischer LLP, New York (David B. Franklin of counsel), for appellants.

Subin Associates, LLP, New York (Robert J. Eisen of counsel), for respondent.

Richter, J.P., Manzanet–Daniels, Webber, Oing, Moulton, JJ.

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered on or about October 17, 2017, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

The record demonstrates as a matter of law that defendants, the building owners, the project manager and general contractor for a renovation project, and the subcontractor that installed the bi-fold closet door that came apart at the hinges and fell on plaintiff as she tried to open it, did not negligently manufacture or design the closet doors. The evidence is unrefuted that the closet doors were selected by the project architect and fabricated by an outside manufacturer, which pre-installed the door hinges.

Defendants established prima facie that they did not have actual or constructive notice of any defect in the closet doors after their installation by showing that plaintiff did not notify the building owner or management company of any problems with the doors in her apartment before her accident (see Briggs v. 2244 Morris L.P., 30 A.D.3d 216, 817 N.Y.S.2d 239 [1st Dept. 2006] ; Bean v. Ruppert Towers Hous. Co., 274 A.D.2d 305, 308, 710 N.Y.S.2d 575 [1st Dept. 2000] ). Plaintiff failed to raise an issue of fact.

The only defendant that could have created the alleged defective condition was Jasmine Construction and Restoration (sued as Jamie), the subcontractor that installed the doors. Jasmine established prima facie that it properly installed the doors through an affidavit by its owner, Ivan Miller, who averred that he had installed hundreds of these closet doors pursuant to the instruction manual without problem and that he ensured that they were properly secured, correctly sized, and properly adjusted. Miller further averred that after he installed the doors at issue, he tested each one by "repeatedly" opening and closing it to ensure its safety and proper function (see e.g. Lezama v....