SCHULMAN v. 34TH STREET PARTNERSHIP, INC.

Nos. 5624, 15120/07

88 A.D.3d 459 (2011)

930 N.Y.S.2d 438

2011 NY Slip Op 6944

DENISE SCHULMAN, Respondent, v. 34TH STREET PARTNERSHIP, INC., Appellant.

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

Decided October 4, 2011.


Defendant failed to establish its entitlement to judgment as a matter of law. The evidence, including that several years earlier defendant, as part of a business improvement district project, had the granite cornerstones installed on the sidewalk where plaintiff fell, was insufficient to show that defendant did not cause or create the dangerous and defective condition existing at the time of the accident (see Lebron v Napa Realty Corp., 65 A.D.3d 436...

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