AYALA v. ONE & ONE PRODUCE CORP.


259 A.D.2d 451 (1999)

685 N.Y.S.2d 615

MINERVA AYALA, Respondent, v. ONE & ONE PRODUCE CORP., Appellant. (And a Third-Party Action.)

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

Decided March 30, 1999.


We agree with the IAS Court that the conflicting deposition testimony raises an issue of fact, turning largely on credibility, as to whether the allegedly dangerous sidewalk debris that caused plaintiff to fall came about as a result of defendant's use of the sidewalk for deliveries...

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