BOEJE v. ANASTASIO


19 A.D.3d 442 (2005)

796 N.Y.S.2d 241

PETER BOEJE et al., Appellants, v. KATAYOUN ANASTASIO, Respondent.

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

June 13, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In response to the defendant's establishment of her prima facie entitlement to judgment as a matter of law, the plaintiffs raised a triable issue of fact, inter alia, as to whether the defendant created the alleged icy condition on which the injured plaintiff fell (see Zuckerman v City of New York, 49 N.Y.2d 557

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