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CALDERON v. NOONAN TOWERS COMPANY LLC

33 A.D.3d 495 (2006)

823 N.Y.S.2d 135

FRANCES CALDERON, Respondent, v. NOONAN TOWERS COMPANY LLC et al., Appellants.

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

Decided October 24, 2006.

Plaintiff was allegedly injured when she fell after catching her heel in a cracked or broken portion of the threshold to the vestibule of defendants' building. A triable issue of facts exists regarding whether the alleged defective condition is actionable (see Trincere v County of Suffolk, 90 N.Y.2d 976 [1997]). Questions of fact were also raised, from the photographs and defendants' superintendent...

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