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BOVINO v. J.R. EQUITIES, INC.

55 A.D.3d 399 (2008)

866 N.Y.S.2d 40

ANNMARIE BOVINO et al., Respondents, v. J.R. EQUITIES, INC., et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 21, 2008.

There is no per se rule with respect to the dimensions of a defect that will give rise to liability on the part of a landowner or other party in control of premises (Argenio v Metropolitan Transp. Auth., 277 A.D.2d 165 [2000]). The motion court properly concluded that summary judgment was inappropriate since a triable issue of fact exists regarding whether the alleged defect is actionable (see generally Trincere v County of Suffolk...

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