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ROA v. CITY OF NEW YORK

Index No. 155116/2016. Appeal No. 12349. Case No. 2019-04312.

188 A.D.3d 504 (2020)

134 N.Y.S.3d 348

2020 NY Slip Op 06467

Belkys Roa, Appellant, v. City of New York et al., Respondents.

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

Decided November 12, 2020.

On January 17, 2016, plaintiff allegedly tripped and fell on a raised sidewalk flag. It is undisputed that Con Ed had a non-delegable duty under 34 RCNY 2-07(b)(1) to inspect and maintain the area around the sidewalk flag, as it was within 12 inches of Con Ed's grate (see Storper v Kobe Club, 76 A.D.3d 426 [1st Dept 2010]). However, plaintiff is not entitled to summary judgment against Con Ed, because she failed to establish constructive...

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