ELGAHSH v. CITY OF NEW YORK

Index No. 24547/14. Appeal No. 15927. Case No. 2021-03847.

205 A.D.3d 503 (2022)

165 N.Y.S.3d 849

2022 NY Slip Op 03175

Rasha Elgahsh et al., Respondents, v. City of New York et al., Appellants.

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

Decided May 12, 2022.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellants.

Bader & Yakaitis, New York ( Darlene S. Miloski of counsel), for respondents.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.


Plaintiff Rasha Elgahsh was allegedly injured when she was struck by a falling nail claw as she stood underneath the Castle Hill Avenue train station, owned by defendant The City of New York. At the time of the incident, the station was closed because of ongoing renovation work by an independent contractor.

Defendants failed to establish their prima facie entitlement to judgment as a matter of law, as the record presents matters appropriate for resolution by the trier...

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