Nunez v Wah Kok Realty Corp.
2013 NY Slip Op 06932 [110 AD3d 560]
October 24, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


Emiliana Nunez et al., Respondents,
v
Wah Kok Realty Corp., Appellant.

—[*1] Gannon Rosenfarb Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant.

Zuller Law Offices, New York (Michael E. Zuller of counsel), for respondents.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered April 18, 2013, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied. Triable issues of fact exist as to whether the large, spreading Christmas tree on which plaintiff tripped was an open and obvious and not inherently dangerous condition (see Centeno v Regine's Originals, 5 AD3d 210, 211 [1st Dept 2004]). Concur—Andrias, J.P., Friedman, Acosta, DeGrasse and Freedman, JJ. [Prior Case History: 2013 NY Slip Op 30782(U).]