TORTORICI v. CITY OF NEW YORK

2013-07145, Index No. 100142/08.

131 A.D.3d 959 (2015)

16 N.Y.S.3d 572

2015 NY Slip Op 06721

LUCY TORTORICI, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided September 2, 2015.


Ordered that the order is affirmed insofar as appealed from, with costs.

On November 5, 2007, the plaintiff allegedly was injured when she tripped and fell on a raised sidewalk flag. The defendants Ronald Scarabaggio and Debra Y. Scarabaggio own the property abutting the sidewalk flag where the accident occurred. The Scarabaggios had hired the third-party defendants, M&B Construction, Inc., and M&B Concrete (hereinafter together M&B), to replace the sidewalk...

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