VELAZQUEZ v. 11 (1999)

Supreme Court, Appellate Division, First Department, New York.

Kimberly VELAZQUEZ, Plaintiff-Respondent, v. John PEREIRA, etc., et al., Defendants-Appellants, 11 Vermilyea Avenue Associates, et al., Defendants.

Decided: January 12, 1999

ELLERIN, J.P., NARDELLI, TOM and ANDRIAS, JJ.

Ada R. Pretto, for Plaintiff-Respondent. Jeremy M. Klausner, for Defendants-Appellants.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about May 29, 1998, which denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

We agree with the IAS court that an issue of fact exists as to whether defendants' shoveling of snow in front of the residential portion of their building created or increased the allegedly icy condition in front of the building's commercial premises, where plaintiff allegedly fell (see, Glick v. City of New York, 139 A.D.2d 402, 526 N.Y.S.2d 464).

MEMORANDUM DECISION.

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