Cruz v. Mall Properties, Inc.

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered on or about March 4, 2016, which, insofar as appealed from, denied the motion of defendant 3rd & 60th Associates, L.P. (Associates) for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

Associates failed to establish that plaintiffs trip and fall was caused by a defect in the curb, for which defendant City of New York may be held liable, and not by a defect in the sidewalk abutting Associates’ property or between the sidewalk and the curb, for which Associates…