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INGRAM v. CITY OF NEW YORK

28 A.D.3d 214 (2006)

816 N.Y.S.2d 5

LINDA INGRAM, Appellant, v. CITY OF NEW YORK et al., Defendants, and EMPIRE CITY SUBWAY COMPANY, Respondent.

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

April 4, 2006.

The record shows that a triable issue of material fact exists as to whether defendant ECS caused the roadway depression near the south curb of Spruce Street, a one-block, east-west thoroughfare in lower Manhattan, where plaintiff allegedly suffered her trip-and-fall injury. ECS, which admittedly owns and/or maintains conduits that run beneath the street along the north and south curblines, admitted undertaking or subcontracting...

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