Baquero v. Youngs Memorial Cemetery, Inc.

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), dated February 13, 1997, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contentions, the deposition *498testimony of the plaintiff Javier Baquero was sufficient to raise a triable issue of fact as to the existence of a defective condition on the defendant’s property which allegedly caused his fall (see, Romano v Westbury Prop. Inv. Co., 240 AD2d 388;…