FINK v. CITY OF NEW YORK


41 A.D.3d 780 (2007)

839 N.Y.S.2d 198

ELIZABETH FINK, Respondent, v. CITY OF NEW YORK, Respondent, and COFIRE PAVING CORPORATION, Appellant.

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

Decided June 26, 2007.


Ordered that the order is affirmed, with one bill of costs.

The plaintiff allegedly was injured when she tripped and fell in a hole in a crosswalk at the intersection of Plaza Street and Vanderbilt Avenue in Brooklyn. On its motion for summary judgment, the defendant Cofire Paving Corporation (hereinafter Cofire) established its prima facie entitlement to judgment as a matter of law by demonstrating that the road milling work in which it had engaged at that location...

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