12705, 306485/09.

118 A.D.3d 472 (2014)

987 N.Y.S.2d 380

2014 NY Slip Op 4126

FRANCISCA BRITO, Respondent, v. STRATFORD FIVE REALTY, LLC, Respondent, and TRIUMPH CONSTRUCTION CORP., Appellant, et al., Defendants.

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

Decided June 10, 2014.

Plaintiff was injured in March 2009 when she allegedly fell on uneven, broken sidewalk. It is undisputed that defendant Triumph had performed work at the subject intersection starting in September 2008. Contrary to Triumph's contention that it had not performed any work on the sidewalk at the northwest corner where plaintiff fell, its daily work report for September 4, 2008 includes a sketch suggesting the northwest sidewalk as an area of work. Furthermore, beginning in January...

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