FUENTES v. CITY OF NEW YORK


237 A.D.2d 103 (1997)

654 N.Y.S.2d 367

Jose A. Fuentes, Appellant, v. City of New York, Defendant, and New York City Housing Authority, Respondent

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

March 4, 1997


Plaintiff's claim that defendant's practice of transporting a dumpster over the sidewalk either created the crack in the sidewalk that caused his fall or constituted a special use of the sidewalk was controverted by defendant's grounds supervisor, who testified at deposition that he observed the defect in the sidewalk three or four years before the incident but that defendant had been moving the dumpster for only about one year before, and that defendant's loader did not...

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