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MUNOZ v. CONSOL. EDISON CO. OF NEW YORK, INC.

198 A.D.2d 145 (1993)

603 N.Y.S.2d 858

Gilbert Munoz, Plaintiff, v. Consolidated Edison Company of New York, Inc., Respondent and Third-Party Plaintiff-Respondent. City-Wide Asphalt Paving Co., Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

November 18, 1993

Unresolved questions concerning the specific surface and/or object which allegedly precipitated plaintiff's fall and injury, and whether third-party defendant could have caused or contributed to the alleged mishap, preclude a grant of summary judgment. That third-party defendant's paving work was deemed satisfactory by an inspector nine months prior to the accident does not eliminate the possibility that a latent defect may have...

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