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AZIZ v. TIME WARNER CABLE OF NEW YORK CITY

304 A.D.2d 324 (2003)

757 N.Y.S.2d 540

AMJAD AZIZ, Respondent, v. TIME WARNER CABLE OF NEW YORK CITY et al., Appellants, and CITY OF NEW YORK, Respondent.

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

Decided April 1, 2003.

Appellants failed to show, prima facie, that the hole in question, which they admittedly excavated some seven months before the accident in order to install a cable box, was ever filled and the area repaved (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). The invoice of the company that appellants hired to mill, pave and seal the road does not prove that such work was properly completed, and the witness that...

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