DeLorm v. Wegmans Food Markets, Inc.

— Order unanimously affirmed with costs. Memorandum: Upon renewal and reargument, Supreme Court properly denied defendant’s motion for summary judgment seeking dismissal of plaintiff’s complaint. Plaintiff fell over a raised brick located in an area inside a fence line that separated the City’s sidewalk from defendant’s parking lot. After plaintiff fell, defendant repaved its parking lot as well as the area where the brick had been. Defendant’s repaving of the area within the line of the fence created a question of fact whether defendant possessed and controlled that area, even though a…