Rosario v. City of New York

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered October 11, 2000, which, to the extent appealed from, denied defendant New York City Housing Authority’s motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

In this personal injury action, arising from a trip and fall on a public sidewalk abutting premises owned by defendant Hous*134ing Authority, sufficient evidence was presented to raise a triable issue of fact as to whether the Housing Authority made special use of the driveway portion of the sidewalk where…