BENITEZ v. CITY OF NEW YORK

6190 151661/15.

160 A.D.3d 445 (2018)

70 N.Y.S.3d 844

2018 NY Slip Op 02407

Sigfrido Benitez, Respondent, v. City of New York et al., Defendants, and Rockledge Scaffolding et al., Appellants.

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

Decided April 5, 2018.


Regardless of whether Rockledge established its entitlement to summary judgment, plaintiff's expert affidavit raised a triable issue of fact as to whether, inter alia, it launched an instrument of harm by negligently placing a sidewalk shed's steel vertical support beams, which were allegedly too close to where bus passengers would be disembarking, without mediating the danger by providing warning or wrapping the beams with padding (see Espinal v Melville Snow Contrs....

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