Opinion
February 17, 2000
Order, Supreme Court, New York County (Lorraine Miller, J.), entered July 9, 1999, which, inter alia, denied defendants' respective motion and cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Melvyn S. Jacknowitz, for plaintiff-respondent.
Carol R. Finocchio and Courtney M. Robbins, for defendants-appellants.
NARDELLI, J.P., TOM, WALLACH, RUBIN, ANDRIAS, JJ.
Defendants' motions for summary judgment were properly denied since plaintiff's deposition testimony raises issues of fact as to whether either or both of the defendants created the condition (a tree limb on the sidewalk) that allegedly caused plaintiff to trip and fall.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.