Trahant v 82 Horatio Owners, Ltd.
2011 NY Slip Op 01728 [82 AD3d 504]
March 10, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


Amelie Trahant, Respondent,
v
82 Horatio Owners, Ltd., et al., Appellants.

[*1] Law Offices of Safranek, Cohen & Krolian, White Plains (James G. Kelly of counsel), for 82 Horatio Owners, Ltd. and Siren Management Corp., appellants.

Barry, McTiernan & Moore, New York (Laurel A. Wedinger of counsel), for P&G Equities, LLC and F1 LLC, appellants.

Seeger Weiss LLP, New York (Marc S. Albert of counsel), for respondent.

Orders, Supreme Court, New York County (Milton A. Tingling, J.), entered October 28, 2009 and October 29, 2009, which denied defendants' motions for summary judgment to dismiss the complaint, unanimously affirmed, without costs.

Supreme Court properly denied defendants' summary judgment motions to dismiss this personal injury action where triable issues of material fact remain as to which defendants owed a duty of care, and, as to whether plaintiff provided prior notice of the dangerous condition that resulted in the underlying accident and injury (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Concur—Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ.