Johnson v. Ann-Gur Realty Corp.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 16, 2013, which denied the motion of defendant Ann-Gur Realty Corporation (Ann-Gur) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Ann-Gur failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when he allegedly tripped and fell after stepping in a defect in the sidewalk that abutted premises owned by Ann-Gur. The record presents triable issues as to whether Ann-Gur’s negligence in failing to maintain the…