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.

Decided October 20, 2016.


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, 139 A.D.3d 656 [2d Dept 2016]; Priore v New York City Dept. of Parks & Recreation, 124 A.D.3d 749

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