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CUEVAS v. CITY OF NEW YORK

32 A.D.3d 372 (2006)

821 N.Y.S.2d 37

CARLOS CUEVAS, Respondent, v. CITY OF NEW YORK et al. Defendants, and CABLEVISION OF NEW YORK, Appellant. CABLEVISION OF NEW YORK, Now Known as CABLEVISION SYSTEMS NEW YORK CITY CORPORATION, Third-Party Plaintiff-Respondent-Appellant, v. TRINITY COMMUNICATIONS CORP. et al., Third-Party Defendants-Appellants-Respondents.

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

August 31, 2006.

Third parties Trinity and Cablevision have not demonstrated that dismissal of plaintiff's common-law negligence claim is warranted, since the record reflects that plaintiff did in fact identify the cause and location of his accident. While he could not recall the exact manner in which his foot became entrapped in the alleged defect, and could not describe the way it looked on the night of the accident prior to his fall, he repeatedly...

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