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BERMUDEZ v. CITY OF NEW YORK

21 A.D.3d 258 (2005)

799 N.Y.S.2d 497

LISA BERMUDEZ, Respondent, v. CITY OF NEW YORK, Defendant, and ACME-SKILLMAN CONCRETE CO., INC., Appellant.

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

August 4, 2005.

Contrary to the motion court's finding, the street opening permit for catch basin installation work at the intersection where plaintiff stepped into a pothole and broke her ankle, and the City's contract with Acme for such work, are insufficient to raise a question of fact as to whether such work was actually performed. The undisputed testimony of Acme's project and office managers that, although it had obtained the permit, the...

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