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STEWART v. METROPOLITAN LIFE INSURANCE COMPANY

257 A.D.2d 543 (1999)

684 N.Y.S.2d 538

VIOLA STEWART, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant and Third-Party Plaintiff-Respondent. NATIONAL CLEANING CONTRACTORS, Now Known as ISS CLEANING SERVICE GROUP, INC., Third-Party Defendant-Appellant.

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

Decided January 28, 1999.

The proof presented by plaintiff in response to defendant's summary judgment motion, including her own testimony and the affidavit of her expert, was sufficient to raise a triable issue as to whether the alleged deficiencies in the cobblestoned area upon which she claims to have tripped and injured herself constituted a hazard (see, Hecker v New York City Hous. Auth., 245 A.D.2d 131; cf., Trincere v County of Suffolk,

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