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VAZQUEZ v. SANTANA

291 A.D.2d 230 (2002)

737 N.Y.S.2d 90

JOSE VAZQUEZ, Appellant, v. MARGARITA SANTANA, Doing Business as MARGOT RESTAURANT, et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided February 7, 2002.

Since the deposition testimony of plaintiff and two nonparty witnesses raises issues of fact as to whether either or both of defendants-respondents created the condition that allegedly caused plaintiff to slip and fall, i.e., a patch of ice and grease on the sidewalk outside the restaurant, defendants' motions for summary judgment were improperly granted (see, Ramos v Metropolitan Life Ins. Co., 269 A.D.2d 220

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