LEWIS v. GUY PRATT, INC.


264 A.D.2d 383 (1999)

694 N.Y.S.2d 101

MILLET LEWIS, Appellant, v. GUY PRATT, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided August 2, 1999.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff allegedly was injured when he stepped into a hole in his driveway and fell. He commenced this action against the contractor and subcontractor that replaced the driveway apron and sidewalk adjoining his property as part of a construction project for the municipality. The defendants moved for summary judgment on the ground that they neither created nor had notice of the...

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