In this personal injury action arising from a trip and fall, the motion court erred in determining, as a matter of law, that the defective condition upon which plaintiff fell was outside of the parking lot owned by the City and leased to Kinney. The record demonstrates that, at a minimum, an issue of fact exists as to whether the defective condition was part of the parking lot or part of the public sidewalk. Even assuming that the area where plaintiff fell constituted a ...
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