Klein v. Sujin Food Corp.

Order, Supreme Court, New York County (Carol R. Edmead, *332J.), entered January 30, 2006, which denied the motion by defendant 726 Associates and the cross motion by the Smiler’s defendants for summary judgment, unanimously modified, on the law, the motion by 726 Associates granted, the complaint dismissed as against said defendant, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly.

Plaintiff failed to raise a question of fact as to whether the greasy substance on which he allegedly slipped was created by Smiler’s through a special use of the sidewalk,…