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BIVONA v. CITY OF NEW YORK

198 A.D.2d 61 (1993)

603 N.Y.S.2d 151

Alice Bivona et al., Respondents, v. City of New York et al., Respondents, and York Scaffold & Equipment Corp., Appellant 675 Chelsea Corp., Third-Party Plaintiff-Respondent, v. York Scaffold & Equipment Corp., Third-Party Defendant-Appellant and Fourth-Party Plaintiff-Appellant. L.A. Wenger Construction Co., Inc., Fourth-Party Defendant-Respondent

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

November 9, 1993

Plaintiff alleges that she was injured on January 3, 1989, when she tripped and fell on a cracked and otherwise defective sidewalk on West 22nd Street between Sixth and Seventh Avenues. In moving for summary judgment, defendant York, which had erected a sidewalk bridge over the area for the protection of pedestrians during construction on the premises, argued that it was not responsible for maintaining the sidewalk, nor had it created or contributed to any crack in the sidewalk...

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