Adsmond v. City of Poughkeepsie
| Citation | 725 N.Y.S.2d 80,283 A.D.2d 598 |
| Parties | BERTHA L. ADSMOND et al, Appellants,<BR>v.<BR>CITY OF POUGHKEEPSIE et al., Respondents. |
| Decision Date | 29 May 2001 |
| Court | New York Supreme Court Appellate Division |
Santucci, J. P., Florio, Schmidt and Adams, JJ., concur.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
Whether a dangerous condition exists on real property so as to create liability on the part of the landowner depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury (see, Trincere v County of Suffolk, 90 NY2d 976; Green v Central Is. Nursing Home, 268 AD2d 503; Guerrieri v Summa, 193 AD2d 647). The Supreme Court improperly determined, as a matter of law, that the condition upon which the injured plaintiff fell, a crack in the sidewalk, was a trivial, nonactionable defect. The crack was nine inches long, 5½ inches wide, and two inches deep. Review of the photographs of the crack and consideration of all relevant factors and surrounding circumstances (see generally, Trincere v County of Suffolk, supra) demonstrate that the issues of whether the crack constituted a dangerous condition and whether the injured plaintiff's own conduct in failing to avoid an open and obvious defect are matters for jury resolution.
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