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MOORE v. NEW YORK CITY HOUS. AUTH.

251 A.D.2d 15 (1998)

672 N.Y.S.2d 712

Rosemary Moore, Respondent, v. New York City Housing Authority, Appellant

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

June 2, 1998

We agree with the motion court that the danger potentially posed by the stairway defect alleged by plaintiff to be the cause of her injury is of sufficient magnitude to raise a triable issue as to whether a dangerous or defective condition in fact existed (cf., Trincere v County of Suffolk, 90 N.Y.2d 976). There was, in addition, sufficient evidence to raise a triable issue as to whether defendant had constructive notice of...

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