Plaintiff tripped and fell in a tree well as he walked on the sidewalk in front of Val-Mac's property, which was undergoing repairs to a sewer line running to the street. Absent evidence that Val-Mac controlled the construction or made special use of the sidewalk, there is no issue of fact as to whether it proximately caused the accident, rather than "merely furnish[ing] the condition or occasion for the occurrence of the event" (Sheehan v City of New York,
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SCHWARTZ v. CITY OF NEW YORK
8860, 158614/14E.
171 A.D.3d 420 (2019)
95 N.Y.S.3d 527
2019 NY Slip Op 02465
Rory Schwartz, Appellant, v. City of New York et al., Defendants, and Val-Mac Restaurant, Inc., et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 2, 2019.
Decided April 2, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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