FAIRCHILD v. J. CREW GROUP, INC.


21 A.D.3d 523 (2005)

800 N.Y.S.2d 735

MARIETTA FAIRCHILD, Appellant, v. J. CREW GROUP, INC., Defendant and Third-Party Plaintiff-Respondent. CORCON CONSTRUCTION et al., Third-Party Defendants.

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

August 22, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the defendant third-party and second third-party plaintiff-respondent, the motion is denied, and the complaint is reinstated.

Generally, the issue of whether a dangerous or defective condition exists on property depends on the particular facts and circumstances of each case, and presents a question of fact for the jury (see Trincere v. County of Suffolk,<...

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