GIL v. 75-89 ASSOCIATES


289 A.D.2d 5 (2001)

735 N.Y.S.2d 3

JUAN GIL et al., Respondents, v. 75-89 ASSOCIATES et al., Appellants, et al., Defendants.

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

Decided December 4, 2001.


The motion court properly held that a triable factual issue existed as to whether defendants-appellants, the owner and manager of a residential building abutting an allegedly defective and dangerous sidewalk, may be held legally responsible for the condition of that sidewalk. The record raises a triable issue as to whether defendants created or contributed to the complained of sidewalk hazard (Hausser v Giunta, 88 N.Y.2d 449, 453...

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