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SALISBURY v. CITY OF NEW YORK

245 A.D.2d 11 (1997)

665 N.Y.S.2d 410

Donald Salisbury et al., Plaintiffs, v. City of New York et al., Defendants. 440 Realty Co., Third-Party Plaintiff-Respondent, v. Knickerbocker Paper Co., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

December 2, 1997

We agree with the IAS Court that the deposition testimony of the building's superintendent and a former maintenance person that third-party defendant's multi-ton garbage truck was routinely backed onto the sidewalk raises an issue of fact as to whether third-party defendant's negligence created the hole in the sidewalk that allegedly caused plaintiff's injuries (see, Centeno v City of New York, 204...

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