Opinion
Submitted March 6, 2000.
April 24, 2000.
In an action to recover damages for personal injuries, etc., the defendant Lumber Headquarters appeals from an order of the Supreme Court, Queens County (Milano, J.), dated February 19, 1999, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Torino Bernstein, P.C., Mineola, N.Y. (Kenneth A. Bernstein of counsel), for appellant.
The Yankowitz Law Firm, P.C., Great Neck, N.Y. (Michael Brumer of counsel), for plaintiffs-respondents.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Although the appellant made out a prima facie case in its motion for summary judgment, the plaintiffs established, in opposition thereto, that issues of fact exist regarding whether the presence of flowing water emanating from a yard adjacent to the appellant's store constituted a defective condition, and whether the appellant owned or controlled the yard from where the water emanated (see,Montalvo v. Western Estates, 240 A.D.2d 45 ; Lopez v. City of New York, 259 A.D.2d 601 ).