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DELL v. TURNER CONSTRUCTION COMPANY

299 A.D.2d 293 (2002)

750 N.Y.S.2d 67

SHAWN DELL et al., Plaintiffs, v. TURNER CONSTRUCTION COMPANY et al., Defendants. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Third-Party Plaintiff-Respondent, v. JOHN P. MORONEY et al., Third-Party Defendants-Appellants.

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

Decided November 26, 2002.

Summary judgment dismissing the third-party complaint was properly denied in view of triable issues of fact (see Zuckerman v City of New York, 49 N.Y.2d 557, 562) as to whether plaintiff's injury was in some measure attributable to the condition of the stairs in the third-party defendants' home. The affidavit of third-party plaintiff's expert raises a triable issue as to whether there was a defective riser in third-party defendants...

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