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ROIMESHER v. COLGATE SCAFFOLDING & EQUIPMENT CORP.

3318, 302217/07, 84086/08

77 A.D.3d 425 (2010)

908 N.Y.S.2d 649

FAYE ROIMESHER, Respondent, v. COLGATE SCAFFOLDING & EQUIPMENT CORP., Appellant, and 770 LEXINGTON ASSOCIATES, L.L.C., Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided October 7, 2010.

On the morning of April 4, 2007, plaintiff tripped and fell on an uneven sidewalk located at 770 Lexington Avenue, New York, New York. Defendant 770 Lexington is the owner of the commercial building adjacent to the sidewalk where plaintiff fell. At the time of plaintiff's accident, defendant Colgate had erected a sidewalk bridge pursuant to an agreement with 770 Lexington.

Neither plaintiff's verified complaint nor her bill...

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