Opinion
November 20, 1997
Appeal from the Supreme Court, New York County (Carol Huff, J.).
There are issues of fact, particularly whether plaintiff twisted his foot in the course of tripping on a loose plank, or whether plaintiff's foot fell through a hole in the bridge when a plank was dislodged (Bonaparte v. Niagara Mohawk Power Corp., 188 A.D.2d 853, appeal dismissed 81 N.Y.2d 1067; Robertti v. Chang, 227 A.D.2d 542, lv dismissed 88 N.Y.2d 1064).
Defendant Colgate owned and constructed the bridge that allegedly caused plaintiff to fall and injure himself, and leased it to the building's owner and the general contractor. There are issues of fact concerning Colgate's authority and responsibility to maintain the bridge such that unsafe conditions would be avoided or corrected (see, Russin v. Picciano Son, 54 N.Y.2d 311, 317). Accordingly, Colgate's motion for summary judgment was properly denied.
We have considered the parties' other arguments for affirmative relief and find them to be without merit.
Concur — Murphy, P. J., Milonas, Ellerin, Rubin and Tom, JJ.