| Vanderlinde v 600 W. 183rd St. Realty Corp. |
| 2012 NY Slip Op 08815 [101 AD3d 583] |
| December 20, 2012 |
| Appellate Division, First Department |
| Alphy Vanderlinde et al., Appellants, v 600 West 183rdStreet Realty Corp., Respondent. |
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Francine Scotto, Staten Island, for respondent.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered August 2, 2011, whichgranted defendant's motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Defendant landlord made a prima facie showing of its entitlement to judgment as a matter oflaw with evidence that it had no duty to maintain, repair or replace the smoke detector in thetenant plaintiffs' apartment. Defendant submitted evidence showing that it had installed afunctional smoke detector in plaintiffs' apartment within one year of the subject fire and had notreceived written notice of an inoperable detector within one year of its installation (seeAdministrative Code of City of NY § 27-2045 [a] [1], [3], [4]; [c]).
In opposition, plaintiffs failed to raise a triable issue of fact. Any oral complaints about thesmoke 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.Concur—Tom, J.P., Sweeny, DeGrasse, Manzanet-Daniels and Clark, JJ.