Opinion
7461.
January 3, 2006.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 6, 2005, denying the motion of defendant 137 East 110th Street, LLC, for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Harrington, Ocko Monk, LLP, White Plains (I. Paul Howansky of counsel), for appellant.
DiJoseph Portegello, PC, New York (Arnold E. DiJoseph, III, and Norman I. Lida of counsel), for respondent.
Before: Tom, J.P., Andrias, Gonzalez and Sweeny, JJ., concur.
Triable issues of fact exist as to whether appellant retained control over the cellar doors on its premises and, if so, whether it had constructive notice of the tripping hazard allegedly presented by those doors.