Soto v. Lime Tree Gourmet Deli

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered March 11, 2004, which granted defendant Ben-Dov’s motion and defendant Greene’s cross motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, the motion and cross motion denied and the complaint reinstated.

*285Plaintiff fell on a crack in a New York City sidewalk, sustaining injury to her left elbow and forearm. The evidence raises questions of fact with respect to whether defendants Ben-Dov and Greene, the abutting property owners, created the sidewalk defect that…