| Bahl v City of New York |
| 2009 NY Slip Op 02462 [60 AD3d 584] |
| March 31, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ramesh Bahl et al., Appellants-Respondents, v City of New York, Defendant and Third-Party Plaintiff-Respondent. Montefiore Hospital and Medical Center, Third-Party Defendant-Respondent-Appellant. |
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Sedgwick, Detert, Moran & Arnold, LLP, New York (Jason D. Turken of counsel), for
respondent-appellant.
Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for
respondent.
Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered December 21, 2007, which, in an action for personal injuires sustained in a slip and fall on snow and ice in a parking lot owned by defendant City and used by third-party defendant pursuant to a city permit, inter alia, denied third-party defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.
Issues of fact exist, including whether there was a reasonable amount of time after cessation of the storm and before plaintiff's accident to clear the lot of snow and ice (see Valentine v City of New York, 86 AD2d 381, 383 [1982], affd 57 NY2d 932 [1982]; Bowen v City Univ. of N.Y., 294 AD2d 322 [2002]). We have considered the parties' other arguments and find them unavailing. Concur—Gonzalez, P.J., Tom, Sweeny, Catterson and Renwick, JJ.