Bowry v. Uptown Gift Shop

Order, Supreme Court, Bronx *241County (Bertram Katz, J.), entered November 1, 2001, which, in an action for personal injuries arising out of a slip and fall on sidewalk debris in front of defendant’s store, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment in defendant’s favor is precluded by an issue of fact as to whether the plastic strap on which plaintiff allegedly slipped had been wrapped around one of the boxes that defendant used to display merchandise on the sidewalk. We reject defendant’s argument that the…