Xu v. 688 Sixth Avenue Realty Co.

In a consolidated action to recover damages for personal injuries, the defendant Bitteto Pizza Corp., doing business as Maffei Pizza Restaurant, appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated March 16, 2004, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff allegedly fell into a basement through…