Opinion
2003-06563.
Decided on May 17, 2004.
In an action to recover damages for personal injuries, etc., the defendant Bernard Jacobowitz appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated June 5, 2003, as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him, and the defendants Sinai Eizikovitz and Esther Eizikovitz cross-appeal, as limited by their brief, from so much of the same order as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
London Fischer, LLP, New York, N.Y. (Michael H. Parker and James Walsh of counsel), for appellant-respondent.
Gilroy Downes Horowitz Goldstein, New York, N.Y. (Thomas Dillon of counsel), for respondents-appellants.
Wolf Fuhrman, P.C., Malverne, N.Y. (Carole R. Moskowitz of counsel), for plaintiffs-respondents.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen McGrath and Ellen Ravitch of counsel), for defendant-respondent.
Before: BANITA R. FLORIO, J.P., SANDRA L. TOWNES, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs.
The movants failed to meet their prima facie burdens of demonstrating that they did not create the defect in the sidewalk upon which the plaintiff Betty Silberstein allegedly tripped and fell ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Kreimer v. Rockefeller Group, 2 A.D.3d 407). Accordingly, the motion and cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against the movants were properly denied.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.