LIABILITY - NEW YORK

Samantha R. v. New York City Housing Authority

Supreme Court, Appellate Division, First Department, New York - May 22, 2014 - N.Y.S.2d - 2014 N.Y. Slip Op. 03754

Child brought action against city housing authority and general contractor, seeking damages for injuries sustained when she tripped over a decorative wicket fence that surrounded planting area and fell onto the pavement. Defendants moved for summary judgment. The Supreme Court, New York County, denied motion. Defendants appealed.

The Supreme Court, Appellate Division, held that alleged defective condition on housing authority’s premises was open and obvious, and not inherently dangerous.



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