STOCKDALE, II v. CITY OF NEW YORK


294 A.D.2d 195 (2002)

744 N.Y.S.2d 5

LANNY STOCKDALE, II, et al., Respondents, v. CITY OF NEW YORK, Respondent, and HOLY TEMPLE CHURCH OF THE LORD JESUS CHRIST, Appellant, et al., Defendants.

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

Decided May 16, 2002.


An issue of fact exists as to whether the sidewalk defect that allegedly caused plaintiff's fall was created by the heavy equipment that was admittedly used in the construction of appellant's new building no more than a year prior to the accident. Such issue is raised by evidence that the defect was in front of an entrance gate to the building, that heavy machinery was seen moving toward the sidewalk, that the area of the sidewalk near the defect had been blocked off for...

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