Appellate Division of the Supreme Court of the State of New York October 20, 2011 (Pacheco v. Kushner Companies)

*551The court correctly denied the motion of tenant Toys “R” Us for summary judgment insofar as it sought dismissal of the third-party complaint in its entirety, since tenant failed to eliminate all triable issues of fact with respect to whether it was responsible for maintaining the sidewalk where plaintiffs accident occurred.