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GRAMAZIO v. 370 LEXINGTON AVENUE, L.L.C.

40 A.D.3d 303 (2007)

836 N.Y.S.2d 84

ENID GRAMAZIO, Respondent, v. 370 LEXINGTON AVENUE, L.L.C., et al., Appellants, and CITY OF NEW YORK, Respondent.

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

Decided May 8, 2007.

Plaintiff tripped over broken concrete that was the alleged result of a failure to maintain an oil fill cap and box that were embedded in and underneath the sidewalk and had not been used for many years. 370 argues that it is entitled to summary judgment because a prior owner generally cannot be held liable for a dangerous condition. I & G argues that it is entitled to summary judgment because, having taken title to the building...

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