Plaintiff submitted photographs into evidence showing the condition of the apartment when it was delivered to her on May 31, 2019. Plaintiff testified that on May 31, 2019, there was a male employee of Empire present when she first walked into the apartment (she did not know his name to provide at trial, but it is undisputed that he was not the same male employee who testified at the trial) and he told her he was doing an "inspection" of the apartment. According to plaintiff, the apartment was not in the condition she expected it to be when she arrived on that day. Plaintiff testified that, on May 31, 2019, while at the apartment, she told the Empire employee that there were several problems with the apartment, including a nonworking shower. Plaintiff testified that she took the photographs on that day (plaintiff's exhibit 3), and they depict the following information:
Exhibit 3A shows a missing nozzle on the shower faucet which is used to put the shower on. The court notes that plaintiff's testimony that she could not take a shower because of the missing nozzle is testimony that was not contradicted or disputed by defendant. In Empire's move in report (defendant's{**65 Misc 3d at 896} exhibit C), the court finds that no entries of information about the shower were included in the sole section of the report which pertained to a bathroom at the premises (id. at C13).