Johannsen v. Rudolph

*339Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered February 3, 2006, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff contends that she tripped on a plastic packaging hoop while walking on the sidewalk near defendants’ alleyway dumpsters and that refuse had been present on the subject sidewalk area on many occasions. It is undisputed that at the time of the accident, defendants were under…