Order, Supreme Court, New York County (Paul Wooten, J.), entered August 15, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, and the motion denied, without costs.
Prior Case History: 2012 NY Slip Op 32144(U).
Plaintiff's affidavit stating that the decedent tripped over a gas cap protruding from the sidewalk did not directly contradict his earlier deposition testimony. Plaintiff was asked...
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