Quintana v. Mei

Full title: BIENVENIDA QUINTANA, Respondent, v. HENRY MEI et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 13, 1998

254 A.D.2d 96 (N.Y. App. Div. 1998)

679 N.Y.S.2d 282

Opinion

October 13, 1998

Appeal from the Supreme Court, Bronx County (Allen Saks, J.).

Since the record discloses the existence of factual issues respecting whether defendants, in the course of removing snow and ice accumulations on the public sidewalk abutting their residence, either created or heightened the hazard that is alleged to have caused plaintiff's fall and injury, defendants' motion for summary judgment dismissing the complaint was properly denied ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324).

Concur — Milonas, J.P., Rosenberger, Wallach and Mazzarelli, JJ.