Chimilio-Ramos v. Banguera

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered October 7, 2008, which, in an action for personal injuries allegedly sustained when plaintiff fell through an open sidewalk vault in front of a building owned by defendant-respondent building owner (defendant), granted defendant’s motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, the motion for summary judgment denied and the complaint reinstated as against defendant.

The motion court erred in granting defendant summary judgment on the ground that plaintiff “was…