GARCIA v. WEST 170TH REALTY INC.

10031, 303831/11.

176 A.D.3d 463 (2019)

110 N.Y.S.3d 416

2019 NY Slip Op 07322

Belgica Garcia, Respondent, v. West 170th Realty Inc. et al., Defendants, Pride Contracting & Restoration Corp., Appellant, and Consolidated Edison Company of New York, Inc., Respondent.

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

Decided October 10, 2019.


Attorney(s) appearing for the Case

Carman, Callahan & Ingham, LLP, Farmingdale ( Lauren M. Mazzara of counsel), for appellant.

Rheingold Giuffra Ruffo & Plotkin LLP, New York ( Jeremy A. Hellman of counsel), for Belgica Garcia, respondent.

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner of counsel), for Consolidated Edison Company of New York, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Singh, JJ.


Plaintiff commenced this action seeking damages for personal injuries she sustained when she tripped and fell in January 2010 on yellow warning tape that was laying among orange cones and construction barriers at the sidewalk adjacent to 1345 and 1347 Crowmell Avenue in the Bronx. Pride failed to make a prima facie showing that it did not contract to perform any sidewalk repairs at the premises (Espinal v Melville Snow Contrs., 98 N.Y.2d 136

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