Emenike v. Ginsburg Development Companies

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered May 19, 2015, which, to the extent appealed from, denied the motion of defendant Kensington Woods Homeowners Association Inc. (Kensington) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The record presents triable issues of fact as to whether Kensington either created or had notice of the hazardous condition that caused the death of plaintiffs’ decedent, namely, the Norway Spruce that fell on his car and crushed him (see e.g. Connolly v Incorporated Vil. of Lloyd Harbor, 139…