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VAN VALKENBURGH v. PHILIP MORRIS COMPANIES, INC.

304 A.D.2d 382 (2003)

756 N.Y.S.2d 749

JAMES C. VAN VALKENBURGH et al., Respondents, v. PHILIP MORRIS COMPANIES, INC., Appellant, et al., Defendant.

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

Decided April 10, 2003.

The motion court properly found that there was an issue of fact as to whether the grate surrounding a tree in front of Philip Morris's premises at 120 Park Avenue was a dangerous condition. Likewise, whether plaintiff's tripping over the grate was in some measure attributable to alcohol consumption or rushing to the station on his part is a factual issue properly left for the jury.

To the extent that defendant's motion...

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