Roadway failed to establish prima face entitlement to summary dismissal. Evidence that the metal plates were constantly being dislodged by construction vehicles in the area raised a triable issue of fact as to whether Roadway had inadequately placed the plates in such a manner as to allow their shifting or moving, thereby creating a dangerous condition that existed at the time of the accident (see Cuevas v City of New York,
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ZISA v. CITY OF NEW YORK
39 A.D.3d 313 (2007)
834 N.Y.S.2d 127
NATALIA ZISA et al., Respondents, v. CITY OF NEW YORK, Respondent, and ROADWAY CONTRACTING, INC., Appellant, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided April 12, 2007.
Decided April 12, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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