The owners' motion for conditional summary judgment was properly denied on the ground that an issue of fact exists as to whether the scaffold tipped over because of a defective condition in the sidewalk that was created by the owners or for which they were otherwise responsible (see, Brown v Two Exch. Plaza Partners,
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MARMO v. MALL PROPS., INC.
251 A.D.2d 214 (1998)
675 N.Y.S.2d 861
Kenneth Marmo et al., Plaintiffs, v. Mall Properties, Inc., et al., Appellants, and The Gap, Inc., et al., Respondents and Third-Party Plaintiffs. Dame Construction, Inc., Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 23, 1998
June 23, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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