PASTORE v. TOWN OF HARRISON

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the plaintiff's prima facie showing that the defect which caused her trip-and-fall accident was created by the defendant's negligence in repairing the roadway in question ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324), the defendant failed to raise a triable issue of fact ( see CPLR 3212 [b]). Furthermore, proof that a dangerous condition is open and obvious does not preclude a finding of negligence against a landowner for the failure to maintain the property in a safe condition, but is relevant on the issue of the plaintiff's comparative negligence ( see Cupo v Karfunkel, 1 AD3d 48, 52). Accordingly, the Supreme Court properly awarded summary judgment to the plaintiff on the issue of the defendant's negligence.