CORTEZ v. HOLIDAY CONCORD VILLAGE MANAGEMENT CO (1999)

Supreme Court, Appellate Division, Second Department, New York.

Jose CORTEZ, et al., respondents, v. HOLIDAY CONCORD VILLAGE MANAGEMENT CO., appellant.

Decided: March 15, 1999

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.

Richard J. Inzerillo, P.C. (Carol R. Finocchio, New York, N.Y., of counsel), for appellant. Avrum J. Rosen, Huntington, N.Y., for respondents.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (D'Emilio, J.), dated August 14, 1998, which denied its motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

We agree with the Supreme Court that there exist triable issues of fact (see, CPLR 3212[b] ) as to the presence and duration of snow and ice at the site of the accident prior to its occurrence.

MEMORANDUM BY THE COURT.

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