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SAITTA v. CITY OF NEW YORK

281 A.D.2d 333 (2001)

722 N.Y.S.2d 522

JEROME SAITTA, Plaintiff, v. CITY OF NEW YORK, Respondent, and BICENT PROPERTIES, Appellant, et al., Defendant.

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

Decided March 27, 2001.

Summary judgment was properly denied to Bicent since triable issues remain as to whether it created or heightened the icy hazard on the sidewalk that is alleged to have caused plaintiff to slip and fall (compare, Gaudino v 511 W. 232nd St. Owners Corp., 279 A.D.2d 272; Bale v Pyron, 256 A.D.2d 1128). The action should, however, have been dismissed...

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