HAGOOD v. CITY OF NEW YORK


13 A.D.3d 413 (2004)

785 N.Y.S.2d 924

EMILY HAGOOD, Respondent, v. CITY OF NEW YORK, Respondent-Appellant, and AGNES PERSAD, Appellant-Respondent.

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

December 13, 2004.


Ordered that the order is reversed, on the law, with one bill of costs, payable by the plaintiff-respondent to the defendants, the motion and the cross motion are granted, and the complaint and all cross claims are dismissed.

The issue of whether a dangerous or defective condition exists depends on the particular facts and circumstances of each case, and is generally a question of fact for the jury (see Trincere v County of Suffolk, 90 N.Y...

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