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GEORGIOU v. 32-42 BROADWAY LLC

4354, 8095/05, 85687/06.

82 A.D.3d 606 (2011)

920 N.Y.S.2d 36

NICHOLAS GEORGIOU, Respondent, v. 32-42 BROADWAY LLC et al., Defendants, and COLGATE SCAFFOLDING CORP. et al., Appellants. (And a Third-Party Action.)

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

Decided March 24, 2011.

Plaintiff alleges that defendants-appellants (collectively referred to as Colgate) created a hazardous condition by constructing a sidewalk bridge that allowed rain water to stream down its roof and enter the vestibule of the restaurant. Colgate made a prima facie showing that it did not create, nor did it have notice of, the slippery condition. Colgate submitted evidence that it was required to erect a sidewalk scaffold bridge...

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