Opinion
2013-10-24
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.
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 A.D.3d 210, 211, 773 N.Y.S.2d 62 [1st Dept.2004] ).