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PRUNELLA v. EMPIRE CITY SUBWAY COMPANY

5390, 111103/09.

157 A.D.3d 464 (2018)

66 N.Y.S.3d 444

2018 NY Slip Op 00100

ANNMARIE PRUNELLA, Appellant, v. EMPIRE CITY SUBWAY COMPANY et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided January 9, 2018.

Empire failed to establish its entitlement to judgment as a matter of law in this action where plaintiff alleges that she was injured when she tripped and fell on a defect located within a crosswalk. Empire failed to show that the work it performed in the vicinity of plaintiff's fall could not have caused the defect because it was outside the area where plaintiff stated her accident occurred (see Cosme v City of New York,

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