KEECH v. 30 EAST 85TH STREET COMPANY

9776, 155081/13.

173 A.D.3d 645 (2019)

103 N.Y.S.3d 81

2019 NY Slip Op 05223

Sally Keech, Respondent, v. 30 East 85th Street Company et al., Defendants, and 30 East 85th Street Condominium Associates et al., Appellants.

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

Decided June 27, 2019.


Defendants failed to establish prima facie entitlement to judgment as a matter of law in this action where plaintiff alleges that she was injured when she tripped and fell over a hole or indentation in the sidewalk abutting defendants' building. Defendants failed to show that the defect, which was about three inches wide and one-foot long, was open, obvious, and not inherently dangerous (see Westbrook v WR Activities-Cabrera Mkts., 5 A.D.3d 69

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