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VOS v. CITY OF NEW YORK

234 A.D.2d 70 (1996)

650 N.Y.S.2d 234

Richard Vos, Plaintiff, v. City of New York, Appellant, and Consolidated Edison Company of New York, Respondent

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

December 10, 1996

Upon review of the record, we find that numerous questions of fact exist concerning the ownership of the manhole cover in question. Summary judgment is inappropriate where questions of fact exist or even where there is any doubt as to the existence of triable issues of fact (Rotuba Extruders v Ceppos, 46 N.Y.2d 223). We reject the defendant-respondent's collateral estoppel argument based upon a prior action against the City by a...

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