BRONFMAN v. EAST MIDTOWN PLAZA HOUS. CO., INC.

4371. 158561/13.

151 A.D.3d 639 (2017)

2017 NY Slip Op 05189

58 N.Y.S.3d 337

LILIANE BRONFMAN, Respondent, v. EAST MIDTOWN PLAZA HOUSING COMPANY, INC., Appellant/Third-Party Plaintiff-Appellant. CITY OF NEW YORK, Third-Party Defendant-Respondent.

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

Decided June 27, 2017.


Plaintiff tripped and fell upon a cement mound around the stump of a signpost, on a sidewalk located in a pedestrian plaza that was a sidewalk easement granted to the City for the benefit of pedestrians. Defendant, the owner and operator of premises adjacent to the defective sidewalk, asserted that the stump was the remnant of a sign that the City had installed.

The motion court correctly denied defendant's motion for summary judgment dismissing the complaint. Defendant...

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