MARR MELCHER v. CITY OF NEW YORK


38 A.D.3d 376 (2007)

832 N.Y.S.2d 186

ESTELLE MARR MELCHER, Respondent, v. CITY OF NEW YORK et al., Defendants, and DISANO CONSTRUCTION CO., INC., Appellant.

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

Decided March 22, 2007.


Plaintiff commenced this action against, among others, defendant Disano to recover damages for personal injuries she allegedly sustained as a result of a trip-and-fall accident that occurred on the sidewalk on the north side of 49th Street between Madison and Fifth avenues. After the joinder of issue and some disclosure, Disano moved for summary judgment dismissing the complaint as against it, claiming that it did not perform any construction work at the location where the...

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