Elba Ortiz-Zayas et al., Respondents,
v.
98 Rivington Realty Corp., Defendant/Third-Party Plaintiff-Respondent, and
Catherine Deli & Bagels, Defendant/Second Third-Party Plaintiff-Appellant.
City of New York, Third-Party Defendant/Second Third-Party Defendant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 9, 2021.
Decided November 9, 2021.
Attorney(s) appearing for the Case
Congdon, Flaherty, O'Callaghan, Travis & Fishlinger, Uniondale ( Michael T. Reagan of counsel), for appellant.
Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph III of counsel), for Elba Ortiz-Zayas and Esquio Zayas, respondents.
Callahan & Fusco, LLC, New York ( Christopher S. Del Bove of counsel), for 98 Rivington Realty Corp., respondent.
Appellate Division of the Supreme Court of New York, First Department.
Defendant failed to establish prima facie that it did not cause or create the condition that caused plaintiff's accident (see Westbrook v WR Activities-Cabrera Mkts.,5 A.D.3d 69, 75 [1st Dept 2004]). The record reveals a metal platform more than three inches high mounted on the sidewalk along the perimeter of the delicatessen and protruding onto the sidewalk area, with an orange gaming...
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