SCHNUR v. CITY OF NEW YORK


298 A.D.2d 332 (2002)

750 N.Y.S.2d 267

BARBRA SCHNUR, Respondent, v. CITY OF NEW YORK et al., Defendants, and ROCKLEDGE SCAFFOLD CORP., Appellant.

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

Decided October 31, 2002.


The court properly found that appellant failed to establish its entitlement to summary judgment. Plaintiff produced evidence that shortly after the accident her father had observed a hole in the tin roof of a sidewalk bridge through which water dripped, thereby forming a large wet area at the precise location where plaintiff had fallen on ice. Ice had not existed anywhere else in the vicinity at the time of the accident. From this evidence, a jury could reasonably infer that...

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