Leon v. Joseph L. Balkan Inc.

In an action to recover damages for personal injuries, the defendant Joseph L. Balkan Incorporated appeals, as limited by its brief, from so much of the order of the Supreme Court, Kings County (Schneier, J.), dated July 15, 2005, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

*537Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff.

The plaintiff fell and was injured on a depressed and/or missing portion of sidewalk. It is undisputed that the appellant, Joseph L. Balkan Incorporated, had…