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BUCALO v. CITY OF NEW YORK

189 A.D.2d 656 (1993)

Marlene Bucalo et al., Respondents, v. City of New York, Respondent, and Trusthouse Forte Hotels, Inc., Appellant

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

January 14, 1993

There are material issues of fact with respect to the control or special use of the sidewalk where plaintiff slipped and fell. Even absent evidence that defendant hotel repaired the walk-way or curb in question, issues of fact exist, which include whether the part of the sidewalk where the accident occurred was constructed or used exclusively to benefit the hotel, to the extent that a duty arose to maintain it in a reasonably safe...

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