Opinion
December 15, 1992
Appeal from the Supreme Court, Bronx County (Anita Florio, J.).
Defendants failed to satisfy their burden of demonstrating the absence of material issues of fact entitling them to summary judgment. A review of the record confirms the IAS Court's finding that numerous issues of fact exist concerning the liability of the out-of-possession landlord of a gasoline service station where plaintiff allegedly sustained an ear injury due to a fence that protruded onto the public sidewalk (see, Administrative Code of City of N Y §§ 27-127, 19-140; Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559).
Concur — Murphy, P.J., Carro, Rosenberger, Asch and Kassal, JJ.