Opinion
No. 2658.
February 5, 2008.
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered September 15, 2006, which, to the extent appealed from, denied the cross motion of defendant Patchas Realty, LLC for summary judgment dismissing the complaint and cross claims asserted against it, unanimously affirmed, with costs.
Lester Schwab Katz Dwyer, LLP, New York (Paul M. Tarr of counsel), for appellant.
Cartafalsa, Slattery, Turpin Lenoff, Tarrytown (Judy L. Brown of counsel), for Health Care Waste Services Corp. and NYESC Acquisition Corp., respondents.
Before: Tom, J.P., Saxe, Gonzalez, Buckley and Catterson, JJ.
There is a triable issue of fact as to whether Patchas negligently maintained the perimeter wall that collapsed onto plaintiff. Although Patchas was on notice of prior instances of trucks striking the wall and had installed I-beams and barriers to strengthen certain areas of the wall and prevent trucks from striking it again, it installed no such devices in the area of the wall where plaintiff's accident occurred ( see Derdiarian v Felix Contr. Corp., 51 NY2d 308).