Ordered that the order is affirmed, with costs.
Although the appellant made out a prima facie case in its motion for summary judgment, the plaintiffs established, in opposition thereto, that issues of fact exist regarding whether the presence of flowing water emanating from a yard adjacent to the appellant's store constituted a defective condition, and whether the appellant owned or controlled the yard from where the water emanated (see, Montalvo v Western Estates...
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