Scialpi v. Island Right Homes, Inc.

In an action to recover damages for personal injuries, the defendant Island Right Homes, Inc., appeals from an order of the Supreme Court, Suffolk County (Berler J.), dated February 25, 2002, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The defendant landlord did not establish its prima facie entitlement to summary judgment. There are triable issues of fact with respect to whether it created a dangerous condition by improperly installing a handrail on the subject premises (see Spencer v…