KEMRAJ v. 1585 BROADWAY CONDOMINIUM


291 A.D.2d 323 (2002)

737 N.Y.S.2d 857

SINGH KEMRAJ, Appellant, v. 1585 BROADWAY CONDOMINIUM, Defendant, and M.S. FINANCING, INC., Respondent.

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

Decided February 26, 2002.


Plaintiff's particularized description of the crack on defendant's walkway that caused him to trip and fall, together with his testimony that the walkway had contained numerous such cracks for several months prior to his accident, was sufficient to establish a prima facie negligence case and to defeat defendant's motion for summary judgment. Defendant's argument that the walkway was a public sidewalk was improperly made for the first time in reply, and was refuted in any event by record evidence that the walkway crossed through defendant's building, and by testimony of defendant's property manager that he caused the walkway to be resurfaced after the accident.


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