Nunez v Wah Kok Realty Corp.

Nunez v Wah Kok Realty Corp. 2013 NY Slip Op 06932 Decided on October 24, 2013 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 October 24, 2013
Andrias, J.P., Friedman, Acosta, DeGrasse, Freedman, JJ.
10836 108771/10

[*1]Emiliana Nunez, et al., Plaintiffs-Respondents,

v

Wah Kok Realty Corp., Defendant-Appellant.




Gannon Rosenfarb Balletti & Drossman, New York (Lisa L.
Gokhulsingh of counsel), for appellant.
Zuller Law Offices, New York (Michael E. Zuller of counsel),
for respondents.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered April 18, 2013, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied. Triable issues of fact exist as to whether the large, spreading Christmas tree on which plaintiff tripped was an open and obvious and not inherently dangerous condition (see Centeno v Regine's Originals, 5 AD3d 210, 211 [1st Dept 2004]).

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

ENTERED: OCTOBER 24, 2013

CLERK