Trahant v 82 Horatio Owners, Ltd.

Trahant v 82 Horatio Owners, Ltd. 2011 NY Slip Op 01728 Decided on March 10, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 10, 2011
Saxe, J.P., Friedman, Acosta, DeGrasse, Richter, JJ.
4482 108765/07 4482A

[*1]Amelie Trahant Plaintiff-Respondent,

v

82 Horatio Owners, Ltd., et al., Defendant-Appellants.



 
Law Offices of Safranek, Cohen & Krolian, White Plains
(James G. Kelly of counsel), for 82 Horatio Owners, Ltd. and
Siren Management Corp., appellants.
Barry, McTiernan & Moore, New York (Laurel A. Wedinger
of counsel), for P & G Equities, LLC and F1 LLC, appellants.
Seeger Weiss LLP, New York (Marc S. Albert of counsel), for
respondent.

Orders, Supreme Court, New York County (Milton A. Tingling, J.), entered October 28, 2009, and October 29, 2009, which denied defendants' motions for summary judgment to dismiss the complaint, unanimously affirmed, without costs.

Supreme Court properly denied defendants' summary judgment motions to dismiss this personal injury action where triable issues of material fact remain as to which defendants owed a duty of care, and, as to whether plaintiff provided prior notice of
the dangerous condition that resulted in the underlying accident and injury (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 10, 2011

CLERK