O'CONNOR v. TISHMAN CONSTRUCTION CORP.

11348.

182 A.D.3d 502 (2020)

123 N.Y.S.3d 91

2020 NY Slip Op 02383

Judith O'Connor, Appellant, v. Tishman Construction Corporation et al., Respondents, et al., Defendant.

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

Decided April 23, 2020.


Plaintiff allegedly fractured her right knee after she tripped and fell on a "mound of concrete with a piece of metal" while walking on the sidewalk in front of 65 Fifth Avenue in Manhattan. Plaintiff sued the City and Tishman defendants, alleging that defendants were on notice of the alleged defect because they either created or allowed it to remain on the sidewalk, and that their negligence in maintaining the area was a proximate cause of her accident.

It is undisputed...

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