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ABREVAYA v. STECKMAN

303 A.D.2d 329 (2003)

757 N.Y.S.2d 266

LYNN ABREVAYA et al., Respondents, v. WALTER STECKMAN, Appellant, et al., Defendant.

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

Decided March 27, 2003.

Issues of fact exist as to whether the oil fill cap was hazardous, including whether it was raised above or sunk below the surface of the sidewalk, and, if so, its elevation or depth (see Schechtman v Lappin, 161 A.D.2d 118, 121 [1990]; cf. Trincere v County of Suffolk, 90 N.Y.2d 976 [1997]). We are unable to discern from the photographs in the record that, as defendant claims, the cap was...

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