Obie v. Catsimatidis

Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered April 3, 2003, which, in an action for personal injuries allegedly sustained when plaintiff tripped and fell on an uneven portion of the sidewalk and street outside premises owned by defendant, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to make a prima facie showing of entitlement to summary judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). His claim that he is an out-of-possession landlord not…