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Gutierrez v. Riverbay Corp.
1999 N.Y. App. Div. LEXIS 6417
N.Y. App. Div.
1999
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—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered October 1, 1998, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

The pictures of the two-inch depression in the walkway on defendant’s property on which plaintiff slipped do not demonstrate that it was a “trivial” defect as a matter of law (cf., Evans v Pyramid Co., 184 AD2d 960; Mahota v Cade & Saunders, 228 AD2d 924). Whether a dangerous condition exists on another’s property so as to create liability depends on the particular circumstances of each case, and is generally a question for the jury (Trincere v County of Suffolk, 90 NY2d 976). An issue of constructive notice is raised by plaintiffs affidavit to the effect that the condition had existed for at least several months. Concur — Williams, J. P., Wallach, Andrias and Friedman, JJ.

Case Details

Case Name: Gutierrez v. Riverbay Corp.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 8, 1999
Citation: 1999 N.Y. App. Div. LEXIS 6417
Court Abbreviation: N.Y. App. Div.
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