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COLON v. CITY OF NEW YORK

15 A.D.3d 173 (2005)

788 N.Y.S.2d 606

ALVIN COLON, Plaintiff, v. CITY OF NEW YORK et al., Defendants. KISKA CONSTRUCTION CORP., USA, Third-Party Plaintiff-Respondent, v. ACHILLES CONSTRUCTION CO., INC., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant. (And Other Actions.)

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

February 3, 2005.

Supreme Court properly denied Achilles's motion since the evidence it presented did not suffice to eliminate all factual issues as to whether it was responsible for the accumulation of water that allegedly caused plaintiff's accident (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Although Civetta's cross motion was similarly deficient, we affirm its denial because it was untimely, having been made more than...

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