FABISH v. GARDEN BAY MANOR CONDOMINIUM


44 A.D.3d 820 (2007)

843 N.Y.S.2d 460

CIDIA FABISH, Appellant, v. GARDEN BAY MANOR CONDOMINIUM et al., Respondents.

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

Decided October 16, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the separate motions of the defendants Garden Bay Manor Condominium and BRG Garden Bay, LLC, which were for summary judgment dismissing the complaint insofar as asserted against them are denied.

The plaintiff allegedly fell while traversing a stairway leading to her second floor apartment. About a month before the accident, the refrigerator in the...

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