Opinion
April 20, 2000.
Order, Supreme Court, New York County (Kibbie Payne, J.), entered on or about August 31, 1999, which, to the extent appealed from, denied the motion of defendant Olivares Market for summary judgment dismissing the complaint and cross claims against it, unanimously affirmed, without costs.
Marie E. Kaiser, for plaintiff-respondent.
Christen M. Helmers, for defendant-respondent.
Christopher H. Cloud, for defendant-appellant.
ROSENBERGER, J.P., WILLIAMS, RUBIN, SAXE, BUCKLEY, JJ.
Since a question of fact remains as to whether defendant-appellant had special use of the purportedly hazardous portion of the sidewalk upon which plaintiff allegedly fell and sustained injury, summary judgment was properly denied (see Peretich v. City of New York, 263 A.D.2d 410, 411; Santorelli v. City of New York, 77 A.D.2d 825).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.