Opinion
Submitted April 5, 2000.
May 15, 2000.
In an action to recover damages for personal injuries, etc., the defendant 953 Manhattan Food Corporation, d/b/a C-Town Supermarket, and the defendant Tina Angeline separately appeal from an order of the Supreme Court, Kings County (Bruno, J.), dated May 17, 1999, which denied their respective motions for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Garcia Stallone, Melville, N.Y. (Karl Zamurs of counsel), for appellant 953 Food Corporation, d/b/a C-Town Supermarket.
Ahmuty, Demers McManus, New York, N.Y. (Joseph A. Oliva of counsel), for appellant Tina Angeline.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Julie Steiner of counsel), for respondent City of New York.
Wallace D. Gossett, Brooklyn, N.Y. (Lawrence A. Silver of counsel), for respondent New York City Transit Authority.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The Supreme Court properly denied the motion of the defendant Tina Angeline for summary judgment, as she failed to meet her initial burden of producing evidence sufficient to demonstrate her entitlement to judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557). The court also properly denied the motion of the defendant 953 Manhattan Food Corporation, d/b/a C-Town Supermarket, for summary judgment, as issues of fact remain as to whether its snow and ice removal efforts made the sidewalk upon which the plaintiff Moises Mejia fell more hazardous (see, Verdino v. Alexandrou, 253 A.D.2d 553; Reidy v. Eze Equip. Co., 234 A.D.2d 593; Oley v. Village of Massapequa Park, 198 A.D.2d 272).
RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO and H. MILLER, JJ., concur.