GARRIDO v. CITY OF NEW YORK


9 A.D.3d 267 (2004)

779 N.Y.S.2d 208

MARIA GARRIDO et al., Appellants, v. CITY OF NEW YORK, Defendant, and SCHIAVONE CONSTRUCTION CO., INC., et al., Respondents.

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

July 1, 2004.


Plaintiff Maria Garrido sustained a fractured elbow when she tripped over a construction sign that had broken and fallen onto the sidewalk. She was walking down Jerome Avenue with two of her grandchildren, pushing one of them in a baby carriage and looking straight ahead when she fell over the sign, described as six feet long and four feet high and lying on the ground. Supreme Court granted Schiavone's motion for summary judgment dismissing the complaint, reasoning that the...

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