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TILES v. CITY OF NEW YORK

262 A.D.2d 174 (1999)

692 N.Y.S.2d 326

ISAAC TILES, Respondent, v. CITY OF NEW YORK, Defendant, and ST. VINCENT'S HOSPITAL AND MEDICAL CENTER, Appellant.

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

Decided June 17, 1999.

Defendant is not entitled to summary judgment simply because plaintiff, at his deposition, was unable to say with certainty that the reason for his fall was the elevation in the sidewalk, which was observed by plaintiff after he fell and photographically documented; indeed, its existence and dangerous nature were not disputed on this motion (compare, e.g., Leary v North Shore Univ. Hosp., 218 A.D.2d 686). This being the case, it...

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