Vialet v Riverbay Corp.
2006 NY Slip Op 05283 [31 AD3d 251]
July 6, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 20, 2006


Juliet Vialet, Respondent,
v
Riverbay Corporation, Appellant. (And a Third-Party Action.)

[*1]Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered January 6, 2006, which denied defendant's motion for summary judgment, with leave to renew at the time the action is scheduled for trial, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Despite the unusual circumstances alluded to by the motion court, plaintiff has failed to establish that her fall was due to any negligence of defendant. Concur—Buckley, P.J., Andrias, Marlow, Nardelli and Catterson, JJ.