HERRING v. LEFRAK ORGANIZATION


32 A.D.3d 900 (2006)

821 N.Y.S.2d 624

SHARONELL HERRING, Appellant, v. LEFRAK ORGANIZATION et al., Respondents.

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

September 19, 2006.


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

The plaintiff allegedly fell in the parking lot of a building owned and maintained by the defendants. The area where she fell, located near the entrance of the building, was cracked. At the time, the plaintiff was carrying her three-year-old son in her arms and running away from a pit bull.

"Generally, the issue of whether a dangerous or defective...

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