Perez v. City of New York

—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about August 24, 1998, which, in an action for personal injuries sustained in a slip and fall on the sidewalk in front of a building owned by defendant-appellant, insofar as appealed from, denied appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

An issue of fact exists as to whether appellant caused a defective condition in or made a special use of the sidewalk, raised by deposition testimony, affidavits of licensed experts and photographs. These…