MONTOLIO v. NEGEV LLC

5347, 15129/07.

86 A.D.3d 483 (2011)

926 N.Y.S.2d 899

2011 NY Slip Op 5985

HUMBERTO MONTOLIO, Respondent, v. NEGEV LLC, Appellant, et al., Defendants.

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

Decided July 21, 2011.


Plaintiff testified that he was injured when he tripped and fell in a depression in the street adjacent to the sidewalk in front of property owned by defendant Negev LLC. Plaintiff explained that he was forced into the street because the sidewalk abutting the property was blocked by a barricade. The record shows that Con Edison was doing gas-related work for Negev's property, which was under development at the time.

Negev called a witness who had virtually no knowledge...

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