Opinion
No. 4482A.
March 10, 2011.
Orders, Supreme Court, New York County (Milton A. Tingling, J.), entered October 28, 2009 and October 29, 2009, which denied defendants' motions for summary judgment to dismiss the complaint, unanimously affirmed, without costs.
Law Offices of Safranek, Cohen Krolian, White Plains (James G. Kelly of counsel), for 82 Horatio Owners, Ltd. and Siren Management Corp., appellants.
Barry, McTiernan Moore, New York (Laurel A. Wedinger of counsel), for P G Equities, LLC and F1 LLC, appellants. Seeger Weiss LLP, New York (Marc S. Albert of counsel), for respondent.
Before: Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ.
Supreme Court properly denied defendants' summary judgment motions to dismiss this personal injury action where triable issues of material fact remain as to which defendants owed a duty of care, and, as to whether plaintiff provided prior notice of the dangerous condition that resulted in the underlying accident and injury ( Alvarez v Prospect Hosp., 68 NY2d 320, 324).