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FASANO v. GREEN-WOOD CEMETERY

21 A.D.3d 446 (2005)

799 N.Y.S.2d 827

JEAN FASANO, Respondent, v. GREEN-WOOD CEMETERY, Appellant.

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

August 15, 2005.

Ordered that the order is affirmed, with costs.

Whether a dangerous condition exists on real property so as to create liability on the part of the landowner depends on the peculiar 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.2d 976 [1997]; Adsmond v. City of Poughkeepsie, 283 A.D.2d 598 [2001]; ...

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