WILLIAMS v. FORWARD REALTY CORP.

Index No. 152386/13. Appeal No. 14363. Case No. 2020-03595.

198 A.D.3d 503 (2021)

156 N.Y.S.3d 159

2021 NY Slip Op 05658

Ulanda Williams, Respondent, v. Forward Realty Corp., Appellant, et al., Defendants. (And Other Actions.).

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

Decided October 14, 2021.


Attorney(s) appearing for the Case

Fitzpatrick & Hunt, Pagano, Aubert, LLP, New York ( Brian W. Colistra of counsel), for appellant.

Finkelstein & Partners LLP, Newburgh ( George A. Kohl , 2d of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.


The court properly determined that issues of fact exist as to whether Forward had constructive notice of a hazardous condition, an allegedly structurally unsound concrete sidewalk slab which also served as a vault roof. The photographic evidence and witness testimony raise issues of fact as to whether the sidewalk slab had visible and apparent signs of deterioration for months or years prior to the collapse, whether the deterioration was getting worse, and whether the deterioration...

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