Clark v. Jay Realty Corp.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered November 28, 2011, which, to the extent appealed from, denied defendant landlord’s motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

The landlord failed to establish its entitlement to judgment as a matter of law in this action where plaintiff, who is legally blind, alleged that she was injured when she tripped and fell over an elevated sidewalk flag as she walked in front of the landlord’s building. Although plaintiff could not state with certainty…