Opinion
832.
April 17, 2003.
Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 28, 2002, which, insofar as appealed from, denied defendants-appellants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Robert M. Fiala, for plaintiff-respondent.
Elizabeth Gelfand Kastner, for defendants-appellants.
Before: MAZZARELLI, J.P., ANDRIAS, FRIEDMAN, MARLOW, GONZALEZ, JJ.
Plaintiff's expert asserted that improper patching of a hole in the public sidewalk abutting defendants-appellants' premises was the proximate cause of the injuries sustained by plaintiff. Defendants-appellants' manager's deposition testimony concerning sidewalk repair procedures raises an issue of fact concerning whether defendants-appellants performed the alleged defective patch work, and are thus subject to liability (see Hausser v. Giunta, 88 N.Y.2d 449, 452-453). Accordingly, defendants-appellants' cross motion for summary judgment dismissing the complaint against them was properly denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.