Portillo v 137 E. 110th St., LLC
2006 NY Slip Op 00024 [25 AD3d 328]
January 3, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 22, 2006


Maria Portillo, Respondent,
v
137 East 110th Street, LLC, Appellant, et al., Defendants.

[*1]Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 6, 2005, denying the motion of defendant 137 East 110th Street, LLC, for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Triable issues of fact exist as to whether appellant retained control over the cellar doors on its premises and, if so, whether it had constructive notice of the tripping hazard allegedly presented by those doors. Concur—Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.