Ferguson v. Mantell

Order, Supreme *161Court, Bronx County (Barry Salman, J.), entered January 25, 1994, which denied defendant Evelyn Mantell’s motion for summary judgment to dismiss the complaint, and judgment, same court (Kenneth Thompson, J.), entered September 12, 1994, which, after a jury trial, found said defendant 100% liable for plaintiff’s injuries, unanimously affirmed, without costs.

In light of the questions concerning whether defendant/ landlord was in possession and/or control of the instant premises and had a duty to repair and maintain the metal sidewalk grate above her basement, summary judgment was…