Appellate Division of the Supreme Court of New York, 1993

Holly v. Richtberg

Holly v. Richtberg
Appellate Division of the Supreme Court of New York · Decided December 13, 1993
199 A.D.2d 307; 606 N.Y.S.2d 1007; 1993 N.Y. App. Div. LEXIS 11832
Holly v. Richtberg

Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), en*308tered November 1, 1991, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs have raised triable issues of fact (see, CPLR 3212) as to whether the offending instrumentality was situated on the property owned by the defendants. Mangano, P. J., Rosenblatt, Lawrence and Joy, JJ., concur.

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