KENYON v. CITY OF NEW YORK


194 A.D.2d 398 (1993)

598 N.Y.S.2d 508

Gillian Kenyon, Appellant, v. City of New York et al., Respondents, and Federated Department Stores, Inc., Respondent and Third-Party Plaintiff-Respondent. M. Paladino, Inc., Third-Party Defendant-Respondent

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

June 10, 1993


In this sidewalk slip and fall case, there was no evidence that third-party defendant, although under contract to do so, had actually commenced making repairs to the sidewalk on the Lexington Avenue side of defendant's premises where plaintiff allegedly fell. Nor is there any evidence that defendant had repaired the area where plaintiff fell at some unspecified time before the accident, much less that any prior repair made by defendant had been performed in a negligent manner...

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