KRAUS v. CALICHE REALTY ESTATES, INC.


289 A.D.2d 9 (2001)

734 N.Y.S.2d 14

NORMA V. KRAUS, Respondent, v. CALICHE REALTY ESTATES, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided December 4, 2001.


Plaintiff's testimony that she fell down a stairwell at premises owned by defendants, which had no door, gate or barricade to prevent a fall, and the affidavit of plaintiff's expert stating that the entrance to the stairwell was hazardous since it was nothing more than a hole in the floor without any demarcation or security, raised a triable issue of fact warranting denial of the motion. On this record, it could be found that the stairway constituted a significant structural...

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