Opinion
No. 209.
March 31, 2009.
Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered December 21, 2007, which, in an action for personal injuires sustained in a slip and fall on snow and ice in a parking lot owned by defendant City and used by third-party defendant pursuant to a city permit, inter alia, denied third-party defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.
Barry S. Gedan, Riverdale, for appellants-respondents.
Sedgwick, Detert, Moran Arnold, LLP, New York (Jason D. Turken of counsel), for respondent-appellant.
Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.
Before: Gonzalez, P.J., Tom, Sweeny, Catterson and Renwick, JJ.
Issues of fact exist, including whether there was a reasonable amount of time after cessation of the storm and before plaintiff's accident to clear the lot of snow and ice (see Valentine v City of New York, 86 AD2d 381, 383, affd 57 NY2d 932; Bowen v City Univ. of N.Y., 294 AD2d 322). We have considered the parties' other arguments and find them unavailing.