SAXTON v. CITY OF NEW YORK


29 A.D.3d 981 (2006)

815 N.Y.S.2d 476

DELORES SAXTON, Respondent, v. CITY OF NEW YORK, Defendant, and H.H.M. ASSOCIATES, INC., Appellant.

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

May 30, 2006.


Ordered that the order dated September 13, 2004 is affirmed insofar as appealed from, with costs.

The Supreme Court, upon reargument, properly adhered to its prior determination denying the motion of the defendant H.H.M. Associates, Inc. (hereinafter HHM), for summary judgment dismissing the complaint insofar as asserted against it. There remains a triable issue of fact as to whether or not HHM created the alleged defect that caused the plaintiff's accident (see...

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