HUTCHISON v. ESTATE OF KURSH

153499/18. Appeal No. 14411. Case No. 2021-00193.

198 A.D.3d 509 (2021)

152 N.Y.S.3d 796

2021 NY Slip Op 05666

Heather Hutchison, Respondent, v. Estate of Stephen O. Kursh, Also Known as Stephen Kursh, Deceased, Appellant.

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

Decided October 19, 2021.


Attorney(s) appearing for the Case

Hickey Smith Dodd , New York ( Mark S. Grodberg of counsel), for appellant.

Godosky & Gentile, P.C., New York ( Emily Kern of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.


The court properly found that there was an issue of fact as to whether the condition of the loft was hazardous and whether plaintiff was injured as a result of the unsafe condition. While statements contained in plaintiff's medical records present issues as to her credibility, her deposition testimony was sufficient to raise a triable issue of fact as to how the accident occurred (see Alvarez v New York City Hous. Auth., 295 A.D.2d 225<...

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