Opinion
570017/06.
Decided May 22, 2006.
Third-party defendant appeals from that portion of an order of the Civil Court, New York County (Arthur F. Engoron, J.), entered July 11, 2005, which denied its motion for summary judgment without prejudice to renewal upon completion of discovery.
Order (Arthur F. Engoron, J.), entered July 11, 2005, affirmed, with $10 costs.
PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ.
Plaintiff tripped and fell on a "raised" piece of concrete on the sidewalk abutting a building owned by defendant Racquet and Tennis Club. At the time of the accident, third-party defendant was employed as the general contractor to renovate the building facade. We agree that the documentary evidence, including the contract "change order," was sufficient to raise a triable issue as to whether third-party defendant performed any work on the sidewalk abutting the building ( see Breger v. City of New York, 297 AD2d 770; compare Kleeman v. City of New York, 305 AD2d 549). We note that such facts are within third-party defendant's knowledge and control and have yet to be disclosed in discovery ( see Caturano v. City of New York, 224 AD2d 202).
This constitutes the decision and order of the court.