617 N.Y.S.2d 743 | N.Y. App. Div. | 1994
Order, Supreme Court, New York County (Carol H. Arber, J.), entered on or about January 6, 1994, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Material issues of fact concerning the nature of appellant’s duties as a cleaning service and the proper performance thereof were raised in appellant’s own evidentiary submissions in support of the motion, including plaintiff’s sworn testimony that a defect on the step on which she fell was concealed by dirt, appellant’s employee’s testimony that appellant did not clean the stairs, and contract documents indicating that appel
