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MENDOZA v. CITY OF NEW YORK

170 A.D.2d 198 (1991)

Helen Mendoza et al., Respondents, v. City of New York et al., Defendants, and Tri-Messine Construction Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 5, 1991

This is a personal injury action where the plaintiff is alleged to have fallen on defective pavement. The IAS court correctly found, based on photographs and the affidavit of an expert, that there is a triable issue of fact as to the negligence of the contractor who performed the excavation and resurfacing (see, Sternbach v Cornell Univ., 162 A.D.2d 922...

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