Opinion
1842
October 14, 2003.
Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered November 6, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
James Vincent McGovern, for plaintiff-respondent.
Edward J. O'Gorman, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ.
Although defendant maintains that the record establishes that the infant plaintiff's harm was not proximately caused by dim lighting or any failure by it to take precautions against water accumulations, summary judgment dismissing the complaint was properly denied in light of the existence of triable issues of fact.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.