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CASTRO v. CEPERO

299 A.D.2d 237 (2002)

749 N.Y.S.2d 419

SAUL CASTRO et al., Respondents, v. ANTONIO CEPERO, JR., et al., Appellants.

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

Decided November 19, 2002.

Summary judgment was properly denied since it may be reasonably inferred from the evidence that plaintiff, while bicycling, skidded and fell, by reason of dirt tracked onto the street from defendants' steeply pitched intersecting dirt driveway (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; Rose v Da Ecib USA, 259 A.D.2d 258, 259; Sheppard Intl. v Vogel,

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