GAFFNEY v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY


301 A.D.2d 424 (2003)

753 N.Y.S.2d 808

ROSEMARY GAFFNEY, Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant, and MEYERS PARKING SYSTEM, INC., et al., Respondents.

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

Decided January 16, 2003.


The motion court should not have granted summary judgment in favor of respondents, the owner and operator of the parking lot where plaintiff tripped and fell after stepping into a pothole while walking down a ramp used by cars to enter and leave the premises. Even if the alleged dangerous condition of the ramp were readily observable, as respondents contend, "such fact would go to the issue of comparative negligence and would not negate [their] duty to keep the premises reasonably...

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