NARVAEZ v. CITY OF NEW YORK

020619/13. Appeal No. 12991. Case No. 2019-03973.

190 A.D.3d 649 (2021)

136 N.Y.S.3d 880

2021 NY Slip Op 00500

Elitzi Narvaez et al., Respondents, v. City of New York et al., Respondents, and Everest Scaffolding, Inc., Appellant.

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

Decided January 28, 2021.


Attorney(s) appearing for the Case

Fuchs Rosenzweig, PLLC, New York ( Valerie Prizimenter of counsel), for appellant.

Edelman Krasin & Jaye, PLLC, Westbury ( Aaron D. Fine of counsel), for Elitzi Narvaez and Jesus Delgado, respondents.

James E. Johnson , Corporation Counsel, New York ( Daniel Matza-Brown of counsel), for City of New York, City University of New York and Hostos Community College, respondents.

Brill & Associates, P.C., New York ( Haydn J. Brill of counsel), for Dormitory Authority of the State of New York, respondent.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.


Defendant Everest failed to establish prima facie that plaintiffs' consolidated personal injury actions should be dismissed as against it since Everest submitted no evidence that the sidewalk shed it owned was structurally sound (see Ryan v Trustees of Columbia Univ. in the City of N.Y., Inc., 96 A.D.3d 551, 553 [1st Dept 2012]). The testimony of Everest's principal, together with photographs...

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