Legal Opinion

Nunez v. Wah Kok Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 2013PublishedCited by 2 opinions

1Opinion of the Court

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 AD3d 210, 211 [1st Dept 2004]). Concur — Andrias, J.P., Friedman, Acosta, DeGrasse and Freedman, JJ. [Prior Case History: 2013 NY Slip Op 30782OJ).]

2Cases cited1 opinion

  1. Centeno v. Regine's Originals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by2 opinions

  1. Stolzman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  2. Hutson v. Regis High Sch.Appellate Division of the Supreme Court of the State of New York · 2024