DECISION AND ORDER
Joan M. Kenney, J.S.C.
Recitation, as required by CPLR 2219(a), of the
papers considered in review of this motion for summary judgment.
Notice of Motion, Affirmation, and Exhibits 1-13
Notice of Cross-Motion, Affirmation/Opposition, Exhibits 14-19
Opposition to Cross/Reply Affirmation and Exhibits 20-25
Reply to Cross 26
In this personal injury action, defendant, Rey Food Corp. D/B/A Rey's Deli Grocery (Rey's), moves for an Order, pursuant to CPLR 3212, dismissing plaintiffs complaint. Plaintiff, Nancy Maldonado, moves for an Order, pursuant to CPLR 3212, granting summary judgment against Rey.
On or about March 8, 2011, plaintiff was exiting Rey's Deli Grocery, located at 740 10thAve., New York, NY, when she was caused to trip and fall on the steps located on the outside of the store (the accident).
At her deposition, plaintiff claimed her fall was caused by a cracked and/or damaged step on the outside of Rey's. The owner of the property where Rey's was located is Tip Top
Management, Inc. (Tip Top). Both Rey's and plaintiff have received default judgments against Tip Top.
Rey's stated in their moving papers that there has not been a written lease between them and Tip Top since 2006, but that the exterior of the property was ...