KEANE v. 85-87 MERCER STREET ASSOCIATES, INC.


304 A.D.2d 327 (2003)

756 N.Y.S.2d 576

JULIA KEANE, Respondent, v. 85-87 MERCER STREET ASSOCIATES, INC., et al., Defendants, and THE CHEERYBLES, LTD., et al., Appellants. (And a Third-Party Action.)

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

Decided April 3, 2003.


The motion for summary judgment dismissing the complaint as against defendants-appellants was properly denied since the record discloses the existence of factual issues as to whether defendants-appellants, the lessees of the commercial premises which plaintiff was in the course of leaving when she allegedly slipped and fractured her ankle on a defective granite step, occupied, controlled and/or made special use of the steps upon which the accident is alleged to have occurred...

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