Kay v. City of New York

—In an action to recover damages for personal injuries, the defendant Lesart Holding Corp. appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated September 15, 1992, which denied its motion for summary judgment dismissing the cross claims against it.

Ordered that the order is reversed, on the law, with costs, the appellant’s motion is granted, and the cross claims against it are dismissed.

The plaintiff’s decedent allegedly tripped and fell on the sidewalk while walking near the premises owned by the defendant Lesart Holding Corp. (hereinafter Lesart) and leased by the…