Opinion
October 15, 1998
Appeal from the Supreme Court, New York County (Louis York, J.).
Issues of fact preclude summary judgment in appellant's favor. Such issues include whether and when appellant placed a barricade around the hole it created, whether such was a proper safety precaution, whether it was appellant who removed the barricade, and, if not, whether it was foreseeable that third-party defendants would remove it given the contract provision that the depot was to remain in operation while repairs were being made, and who directed and supervised the covering of the hole with the metal plate that flipped up and came down on plaintiff's foot when a bus passed over it.
Concur — Sullivan, J.P., Ellerin, Wallach and Williams, JJ.