Opinion
Submitted September 20, 2000.
October 16, 2000.
In an action to recover damages for personal injuries, the defendants Woodside Variety Boys Girls Club and Boys Club of Queens appeal from so much of an order of the Supreme Court, Queens County (Posner, J.), dated March 7, 2000, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Feder, Goldstein, Tannenbaum, D'Errico Arnedos, LLP, Carle Place, N Y (April D. Adell of counsel), for appellants.
Williams Geiger, Brooklyn, N.Y. (Linda Geiger Kern of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of the property. "The determinative question is one of possession or control" (Welwood v. Association for Children with Down Syndrome, 248 A.D.2d 707, 708; Sullivan v. Specialty Glass Corp., 229 A.D.2d 572). The Supreme Court properly denied the appellants' motion since the plaintiff submitted sufficient evidence to raise an issue of fact as to whether the appellants had possession of or control over the location where the plaintiff's accident occurred. In addition, the plaintiff's evidence was sufficient to raise an issue of fact as to whether the appellants had actual or constructive notice of the condition which caused the plaintiff's injuries.