Appellate Division of the Supreme Court of New York, 1998

Herrera v. New York City Housing Authority

Herrera v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided March 3, 1998
248 A.D.2d 119; 669 N.Y.S.2d 808; 1998 N.Y. App. Div. LEXIS 1919
Herrera v. New York City Housing Authority

Opinion of the Court

—Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered on or about June 4, 1997, which denied defendant’s *120motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

There are material issues of fact as to whether defendant created or had actual or constructive notice of the alleged dangerous condition (Meyler v First Natl. Supermarket, 238 AD2d 278) and, if so, whether such condition caused plaintiffs injuries. Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.

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