| Rodriquez v Concourse Vil. Inc. |
| 2013 NY Slip Op 01354 [104 AD3d 410] |
| March 5, 2013 |
| Appellate Division, First Department |
| Kenneth Rodriquez et al.,Respondents, v Concourse Village Inc., Appellant. |
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Wingate, Russotti, Shapiro & Halperin, LLP, New York (William P. Hepner ofcounsel), for respondents.
Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered on or aboutAugust 3, 2012, which, in this personal injury action arising from a fall in defendant'sbuilding, denied defendant's motion for summary judgment dismissing the complaint,unanimously affirmed, without costs.
Plaintiff raised issues of fact as to whether defendant complied with its inspectionschedule on the day of the accident, and when the area was last inspected before theaccident (see Williams v NewYork City Hous. Auth., 99 AD3d 613 [1st Dept 2012]; Deluna-Cole vTonali, Inc., 303 AD2d 186, 186 [1st Dept 2003]). According summary judgment isprecluded.
In the light of the foregoing we need not reach the other issues raised.Concur—Gonzalez, P.J., Mazzarelli, Renwick, Richter and Gische, JJ.