BLOOM v. LULA REALTY CORP.


43 A.D.3d 662 (2007)

840 N.Y.S.2d 870

ANITA BLOOM, Appellant, v. LULA REALTY CORP., Respondent.

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

Decided September 6, 2007.


As the motion court properly found, plaintiff has failed to demonstrate that the absence of a knob or handle on the gate in any way constituted a defect, violated a statute, or was inherently dangerous. It is undisputed that the gate had lacked a knob for eight years. Although for much of that time the gate had been tied open, after the gate began to be kept closed, approximately four to six months prior to her fall, plaintiff was aware of the condition and opened and closed...

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