Diaz v. Eminent Associates, LLC

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered January 4, 2006, which denied the motion of defendant Eminent Associates (Eminent) for summary judgment dismissing the complaint, or alternatively, for contractual indemnification against defendant Go Pro Sports, affirmed, without costs.

The record discloses issues of fact as to whether Eminent negligently repaired the sidewalk where plaintiff allegedly fell (see Hausser v Giunta, 88 NY2d 449, 452-453 [1996]), and the documentary evidence submitted by Eminent does not conclusively establish that the repair was undertaken…