BURKE v. YANKEE STADIUM, LLC

2931.

146 A.D.3d 720 (2017)

2017 NY Slip Op 00597

47 N.Y.S.3d 261

MATTHEW BURKE, Respondent, v. YANKEE STADIUM, LLC, et al., Defendants, and CASSONE LEASING, INC., Appellant.

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

Decided January 31, 2017.


Plaintiff was allegedly injured when he stepped out of a trailer owned by Cassone and into a hole in the sidewalk. Plaintiff claims that the trailer was defective insofar as the exit was not equipped with stairs or handrails.

Cassone's motion was properly denied since Cassone failed to establish that it did not owe plaintiff any duty. As the owner of the trailer, Cassone had a duty to maintain it in reasonably safe condition (see Gronski v County of Monroe,

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