KHABBAZ v. VILL. OF NORTH SYRACUSE


178 A.D.2d 922 (1991)

Phillip Khabbaz et al., Respondents, v. Village of North Syracuse, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 26, 1991


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment. Plaintiffs' submissions in opposition to the motion raised a triable issue of fact whether defendant affirmatively caused or created the dangerous condition in the parking lot owned and maintained by the Village. If so, prior written notice of the defect or condition was not required under Village Law § 6-628 (see, Barrett...

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