PRIETO v. CITY OF NEW YORK


232 A.D.2d 318 (1996)

648 N.Y.S.2d 304

Irma Prieto, Respondent, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Ecco III Enterprises, Inc., et al., Third-Party Defendants-Appellants

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

October 29, 1996


Issues of fact exist as to whether construction work performed by third-party defendant Ecco created conditions in the underpass roof that eventually caused a piece of concrete to fall on plaintiff's vehicle, given Ecco's use of equipment such as jackhammers and power saws at a site that was already in a deteriorated status, and as to whether Ecco fulfilled its contractual obligation to provide equipment for the protection of vehicular traffic. Similarly, issues of fact remain...

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