PEREZ v. 655 MONTAUK, LLC

2010-00745.

81 A.D.3d 619 (2011)

916 N.Y.S.2d 137

DOROTHY PEREZ, Respondent, v. 655 MONTAUK, LLC, Appellant.

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

Decided February 24, 2011.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint, as the defendant failed to establish its prima facie entitlement to judgment as a mater of law. Whether a dangerous or defective condition exists on the property of another so as to create liability depends on the circumstances of each case and is generally a question of fact for the jury (see Trincere v County...

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