Maffucci v. Royal Park Ltd. Partnership

In this negligence action, the plaintiff appeals from the judgment of the trial court granting the defendants’1 motion for summary judgment. On appeal, the plaintiff claims that the trial court improperly concluded that no genuine issue of material fact existed as to (1) whether the defendants had actual or constructive notice as to the presence of trespassers, and (2) whether posted signs adequately warned the public as to the danger that existed on the property. We conclude that genuine issues of material fact did exist and therefore reverse the judgment of the trial court.

The pleadings,…