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REBELL v. EMIGRANT SAVINGS BANK

257 A.D.2d 491 (1999)

684 N.Y.S.2d 216

SUSAN REBELL, Respondent, v. EMIGRANT SAVINGS BANK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 21, 1999.

Summary judgment was properly denied as to defendant Emigrant Savings Bank since issues of fact exist as to whether Emigrant created or increased the hazard that is alleged to have caused plaintiff's fall and injury (see, Quintana v Mei, 254 A.D.2d 96; Jiuz v City of New York, 244 A.D.2d 298). However, summary judgment should have been granted to Harvard Maintenance whose contractual obligations...

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