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,
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EMENIKE v. GINSBURG DEVELOPMENT COMPANIES, LLC
Motion No. M-3406.
143 A.D.3d 575 (2016)
2016 NY Slip Op 06882
38 N.Y.S.3d 906
AGHOGHO EMENIKE et al., Respondents, v. GINSBURG DEVELOPMENT COMPANIES, LLC, et al., Defendants, and KENSINGTON WOODS HOMEOWNERS ASSOCIATION, INC., Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 20, 2016.
Decided October 20, 2016.
Appellate Division of the Supreme Court of New York, First Department.
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