AYALA v. GUTIN


49 A.D.3d 677 (2008)

853 N.Y.S.2d 665

ANGEL AYALA et al., Respondents, v. BORIS GUTIN, Appellant.

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

Decided March 18, 2008.


Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages allegedly arising from a trip and fall over a dangerous and defective door saddle. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. We affirm.

Generally, the issue of whether a dangerous or defective condition exists depends on the particular facts of each case, and is properly a question of fact for...

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