Renjifo v Bay Shore Estadio Rest., Inc.

Renjifo v Bay Shore Estadio Rest., Inc. 2008 NY Slip Op 08262 [55 AD3d 485] October 30, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 10, 2008

Juan Renjifo et al., Respondents,
v
Bay Shore Estadio Restaurant, Inc., Appellant, et al., Defendants.

—[*1] Hoffman & Roth, LLP, New York (Jayne F. Monahan of counsel), for appellant.

Luis Guerrero, New York, for respondents.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered on or about May 21, 2008, which, in an action for personal injuries allegedly sustained as a result of a slip and fall on snow, denied defendant Bay Shore Estadio Restaurant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff testified that a portion of the sidewalk in front of defendant's restaurant had been cleared and that there were approximately four to six inches of snow in the area where he slipped and fell. Defendant's owner could not recall what efforts he took regarding snow removal on the date of plaintiff's accident and his testimony as to his general snow removal practice was confirmed by plaintiff's testimony that the area where he fell near the curb had more snow than the rest of the otherwise shoveled sidewalk. Accordingly, triable issues of fact exist regarding whether defendant's snow removal efforts created or exacerbated a dangerous condition (see Prenderville v International Serv. Sys., Inc., 10 AD3d 334, 337-338 [2004]; Jiuz v City of New York, 244 AD2d 298 [1997]). Concur—Lippman, P.J., Mazzarelli, Williams, Buckley and Renwick, JJ.