Rufino v. Colella

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered August 18, 1994, which, insofar as appealed from, denied the motion by the defendant for summary judgment pursuant to CPLR 3212 dismissing the complaint, unanimously affirmed, without costs.

In this action brought to recover for injuries allegedly sustained by plaintiff when she fell on a sidewalk, the IAS Court properly determined that summary judgment in defendant’s favor was precluded by triable issues of fact as to, inter alia, the extent of the defendant’s maintenance of the sidewalk area where the plaintiff was allegedly…