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ROGER DUNSON, plf-ap, v. RIVERBAY CORPORATION, def-res

9391. ROGER DUNSON, plf-ap, v. RIVERBAY CORPORATION, def-res — Paul G. Vesnaver, PLLC, Baldwin (Victor A. Carr of counsel) for ap — Malapero & Prisco LLP, New York (Glenn E. Richardson of counsel), for res — Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered April 11, 2012, which, to the extent appealed from, denied plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

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9391. ROGER DUNSON, plf-ap, v. RIVERBAY CORPORATION, def-res — Paul G. Vesnaver, PLLC, Baldwin (Victor A. Carr of counsel) for ap — Malapero & Prisco LLP, New York (Glenn E. Richardson of counsel), for res — Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered April 11, 2012, which, to the extent appealed from, denied plaintiff’s motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiff testified at his deposition that, before May 2007, when the ceiling in his bathroom fell and allegedly caused him injuries, he complained to defendant on numerous occasions, and to the Department of Housing Preservation (DHP), which inspected his apartment twice. However, defendant denied that it received plaintiff’s complaints, and DHP records suggest that no such complaints or inspections were made before the incident. Thus, there exist triable issues of fact whether defendant had actual notice of the defective condition (see Figueroa v. Goetz, 5 AD3d 164, 165 [1st Dept 2004]).

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