Opinion
December 27, 2000.
Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.
PRESENT: HAYES, J.P., HURLBUTT, SCUDDER, KEHOE AND LAWTON, JJ.
Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. There are triable issues of fact whether defendants breached their duty to keep their premises "in a reasonably safe condition, considering all of the circumstances including the purpose of the [plaintiff's] presence and the likelihood of injury" ( Macey v. Truman, 70 N.Y.2d 918, 919, mot to amend remittitur granted 71 N.Y.2d 949; see, Basso v. Miller, 40 N.Y.2d 233, 240-241; see also, Baker v Sportservice Corp., 142 A.D.2d 991, 992).