Opinion
February 16, 2000
Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.
PRESENT: PINE, J. P., HURLBUTT, SCUDDER AND LAWTON, JJ.
Order unanimously reversed on the law without costs, motion denied and complaint.
Memorandum:
Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint in this negligence action. Plaintiffs allege that Donald Esposito (plaintiff) was injured when he was caused to fall by a gap between a section of the bleachers at defendant's hockey rink. They allege that plaintiff did not see the gap because the lighting in the facility was poor. Even assuming, arguendo, that defendant established its entitlement to judgment as a matter of law, we conclude that plaintiffs raised an issue of fact whether defendant maintained the premises in a reasonably safe condition ( see, Basso v. Miller, 40 N.Y.2d 233, 241; see generally, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).