Simel v. City of New York

—In an action to recover damages for personal injuries, the defendant Knights of Columbus appeals from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated October 19, 1999, as granted that branch of the cross motion of the defendant 40-27 235th Street Corporation which was for summary judgment on its cross claim alleging breach of contract.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly tripped and fell on a sidewalk adjacent to the premises owned by the defendant 40-27 235th Street Corp. (hereinafter 40-27) and leased…