SILBERBERG v. CITY OF NEW YORK

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

The Supreme Court properly denied the appellant's cross motion for summary judgment dismissing the complaint insofar as asserted against it. Contrary to the appellant's contention, a triable issue of fact exists as to whether the allegedly dangerous condition was open and obvious ( see, Warren v. Town of Hempstead, 246 A.D.2d 536, 537; Kinfe v. Port Auth., 232 A.D.2d 373).

S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.