Khabbaz v. Village of North Syracuse

Appellate Division of the Supreme Court of New York

Khabbaz v. Village of North Syracuse

178 A.D.2d 922, 578 N.Y.S.2d 789, 1991 N.Y. App. Div. LEXIS 17725

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 1991

StatusPublished

This text of 178 A.D.2d 922 (Khabbaz v. Village of North Syracuse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Khabbaz v. Village of North Syracuse, 178 A.D.2d 922, 578 N.Y.S.2d 789, 1991 N.Y. App. Div. LEXIS 17725 (N.Y. Ct. App. 1991).

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Opinion

— Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment. Plaintiffs’ submissions in opposition to the motion raised a triable issue of fact whether defendant affirmatively caused or created the dangerous condition in the parking lot owned and maintained by the Village. If so, prior written notice of the defect or condition was not required under Village Law § 6-628 (see, Barrett v City [923]*923of Buffalo, 96 AD2d 709, 710; Siddon v Fishman Co., 65 AD2d 832, 833, lv denied 46 NY2d 714). (Appeal from Order of Supreme Court, Onondaga County, Reagan, J. — Summary Judgment.) Present — Callahan, J. P., Green, Pine and Davis, JJ.

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— Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment. Plaintiffs’ submissions in opposition to the motion raised a triable issue of fact whether defendant affirmatively caused or created the dangerous condition in the parking lot owned and maintained by the Village. If so, prior written notice of the defect or condition was not required under Village Law § 6-628 (see, Barrett v City [923]*923of Buffalo, 96 AD2d 709, 710; Siddon v Fishman Co., 65 AD2d 832, 833, lv denied 46 NY2d 714). (Appeal from Order of Supreme Court, Onondaga County, Reagan, J. — Summary Judgment.) Present — Callahan, J. P., Green, Pine and Davis, JJ.

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Bluebook (online)

178 A.D.2d 922, 578 N.Y.S.2d 789, 1991 N.Y. App. Div. LEXIS 17725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khabbaz-v-village-of-north-syracuse-nyappdiv-1991.

Opinion

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