TANNENBAUM v. CITY OF NEW YORK


261 A.D.2d 342 (1999)

690 N.Y.S.2d 431

MARION TANNENBAUM, as Administratrix of the Estate of MORTON ROSENBLOOM, Deceased, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK UNIVERSITY, Appellant.

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

Decided May 27, 1999.


Summary judgment was properly denied since triable issues of fact exist as to whether plaintiff's decedent tripped and fell on defendant New York University's property or on the adjoining public sidewalk and, if the latter, as to whether New York University had special use of the sidewalk. Defendant's contention that it will be impossible to ascertain the location of the accident except by conjecture and surmise is without merit since plaintiff's decedent repeatedly and consistently...

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