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Bocanegra v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 797 (N.Y. App. Div. 2007)

Opinion

No. 2006-10421.

November 27, 2007.

In an action to recover damages for personal injuries, the defendant Cobar Construction Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), entered September 29, 2006, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

John P. Humphreys, Melville, N.Y. (David R. Holland and Scott Driver of counsel), for appellant.

Beth J. Schlossman, Brooklyn, N.Y. (David Feinsilver and H. Jonathan Rubinstein of counsel), for plaintiff-respondent.

Before: Goldstein, J.P., Skelos, Dillon and Covello, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Cobar Construction Corp. failed to establish its prima facie entitlement to judgment as a matter of law dismissing the complaint and all cross claims insofar as asserted against it ( see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851; Johnston v City of New York, 18 AD3d 712). Under the circumstances, a triable issue of fact exists as to whether it created a depression in the crosswalk which allegedly caused the plaintiff to fall.


Summaries of

Bocanegra v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 2007
45 A.D.3d 797 (N.Y. App. Div. 2007)
Case details for

Bocanegra v. City of New York

Case Details

Full title:AMPARO BOCANEGRA, Respondent, v. CITY OF NEW YORK et al., Respondents, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 27, 2007

Citations

45 A.D.3d 797 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9354
845 N.Y.S.2d 750

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