Wrubel v. Rose Boutique II, Inc.

Order, Supreme Court, New York County (Sherry Klein Heitler, J), entered April 30, 2004, which denied so much of the *265motion by defendant Kostas & Michael Realty and the cross motion by the Rose Boutique defendants for summary judgment, but granted so much of the motion by Kostas & Michael Realty for indemnification against the Rose Boutique defendants, unanimously modified, on the law, the motion for summary dismissal by Kostas & Michael Realty granted, that part of the order relating to indemnification vacated, and otherwise affirmed, without costs.

Plaintiff alleges injury from a fall down…