Basile v. Bagel Bazaar, Inc.

—In an action to recover damages for personal injuries, the defendant 86th Street Realty, L. L. C., appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 30, 2001, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion of the appellant landlord 86th Street Realty, L. L. C., for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, as it failed to make a prima…