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ORTIZ v. NUNEZ

32 A.D.3d 759 (2006)

821 N.Y.S.2d 185

ROBERT ORTIZ, an Infant, by His Mother and Natural Guardian, DENISE ORTIZ, et al., Respondents, v. ROSENY NUNEZ et al., Defendants, and EMPIRE CITY SUBWAY COMPANY, Appellant.

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

September 21, 2006.

The infant plaintiff was injured when he slipped on gravel while crossing a street. Empire City had performed excavation work on a nearby street. The motion court correctly found triable issues of fact as to whether Empire City was responsible for the dangerous gravel condition (see e.g. Lau v City of New York, 22 A.D.3d 529 [2005]; Rodriguez v Parkchester S. Condominium,

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