NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 31, 2009
RAMESH BAHL, ET AL., PLAINTIFFS-APPELLANTS-RESPONDENTS,
THE CITY OF NEW YORK, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT,
MONTEFIORE HOSPITAL AND MEDICAL CENTER, THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.
Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered December 21, 2007, which, in an action for personal injuires sustained in a slip and fall on snow and ice in a parking lot owned by defendant City and used by third-party defendant pursuant to a City permit, inter alia, denied third-party defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Tom, Sweeny, Catterson, Renwick, JJ.
7747/95 & 2413/95
Issues of fact exist, including whether there was a reasonable amount of time after cessation of the storm and before plaintiff's accident to clear the lot of snow and ice (see Valentine v City of New York, 86 AD2d 381, 383 , affd 57 NY2d 932 ; Bowen v City Univ. of N.Y., 294 AD2d 322 ). We have considered the parties' other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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