POWELL v. HOPE COMMUNITY, INC.


280 A.D.2d 327 (2001)

720 N.Y.S.2d 147

KEVIN POWELL, Respondent, v. HOPE COMMUNITY, INC., Appellant.

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

Decided February 8, 2001.


Summary judgment was properly denied in light of the affidavit of plaintiff's expert, which raised material issues of fact as to whether defendant created the stairway defect alleged by plaintiff to have caused his injury. The evidence submitted on the motion indicates that, although the subject building was constructed prior to the enactment of the Building Code, subsequent alterations and repairs of the building, including the...

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