SAEZ v. SAPIR REALTY MGT. CORP.

11795. 112424/10.

185 A.D.3d 456 (2020)

125 N.Y.S.3d 279

2020 NY Slip Op 03863

Marie Saez et al., Appellants, v. Sapir Realty Management Corp. et al., Respondents, et al., Defendant.

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

Decided July 9, 2020.


The record does not demonstrate conclusively that the owner of the sidewalk vault grate on which plaintiff Marie Saez allegedly tripped was defendant Con Ed, rather than the 11 Madison defendants, who owned the property abutting the sidewalk where the grate was located. There is an affidavit by the president of defendant Sapir Realty Management Corp. averring that the grates were already installed when the 11 Madison defendants acquired the property in 2003 and that the 11...

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