ROSENFELD v. CITY OF NEW YORK

2019-13071. Index No. 710985/15.

197 A.D.3d 746 (2021)

150 N.Y.S.3d 581

2021 NY Slip Op 04770

Eileen Rosenfeld, Appellant, v. City of New York, Defendant, and Maspeth Supply Company, LLC, Respondent.

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

Decided August 25, 2021.


Attorney(s) appearing for the Case

The Law Offices of Christopher P. Di Giulio, P.C., New York, NY ( William Thymius of counsel), for appellant.

Malapero Prisco & Klauber LLP, New York, NY ( Greg M. Bernhard of counsel), for respondent.

Dillon, J.P., Austin, Duffy and Barros, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Maspeth Supply Company, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it is denied.

On June 3, 2015, the plaintiff allegedly tripped and fell in a depression in the roadway on 28th Street, just outside the crosswalk at the intersection of 33rd Avenue in Queens. The plaintiff commenced the instant...

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