BERNSTEIN v. CITY OF NEW YORK


257 A.D.2d 481 (1999)

684 N.Y.S.2d 206

SYLVIA BERNSTEIN, Respondent, v. CITY OF NEW YORK, Respondent, and ROCK-FORTY-NINTH, INC., Appellant.

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

Decided January 21, 1999.


An issue of fact exists as to whether appellant created the defective sidewalk, raised by evidence that demolition work was performed on the property, and that the only gate through the chain link fence surrounding the demolition site was in front of the sidewalk where plaintiff fell. We note, as did the motion court, that the type of equipment used at the site, and how it was brought there, are facts exclusively within appellant...

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