NIGRO v. CERVINARA, LLC

9971, 301930/09.

106 A.D.3d 428 (2013)

963 N.Y.S.2d 871

2013 NY Slip Op 3183

RAFFAELA NIGRO, Appellant, v. CERVINARA, LLC, et al., Defendants, and DARDANIA PROPERTIES, LLC, Respondent.

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

Decided May 2, 2013.


Plaintiff alleges that she was injured when she tripped and fell over a raised sidewalk flag outside a building owned by Dardania. "[W]hether a dangerous or defective condition exists on the property of another so as to create liability depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury" (Trincere v County of Suffolk, 90 N.Y.2d 976, 977 [1997] [internal quotation marks omitted...

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