Defendants-appellants did not carry their burden, as summary judgment movants, of showing the absence of an issue of fact as to whether they did not do either the 1996 or 1998 work that left the asphalt lump, evidenced by photographs, upon which plaintiff allegedly tripped in November of the same year. The record discloses that defendant Empire City had a permit, valid in July 1998, to excavate at the subject location and had previously, in 1996, installed 12 telecommunications...
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