KARAMARIOS v. BERNSTEIN MANAGEMENT CORP

As owner/manager of the premises where plaintiff fell when entering a service entrance, defendants were under a duty to act in a reasonable manner to maintain safe conditions on their property in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury and the burden of avoiding the risk, foreseeability of injury being the measure of the duty (Basso v. Miller, 40 N.Y.2d 233, 241; see, Pulka v. Edelman, 40 N.Y.2d 781, 786). Foreseeability is generally a question of fact for the jury (see, Derdiarian v Felix Contr. Corp., 51 N.Y.2d 308). Here, the foreseeability of injury resulting from use of the doors at the service entrance is a question of fact precluding summary judgment regardless of whether the doors were in compliance with applicable building codes and otherwise properly functioning.

Concur — Murphy, P.J., Sullivan, Carro, Wallach and Asch, JJ.