Ruiz v. 30 Real Estate Corp.

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered February 13, 2007, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to satisfy its initial burden of making a prima facie case of entitlement to summary judgment on the basis that the grease and garbage on the staircase in its building were not a proximate cause of plaintiff’s fall (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]). Plaintiff, in his deposition testimony, which defendant included in support of its motion, stated that…