Centeno v. City of New York

Full title: ANGEL CENTENO, an Infant, by His Mother and Natural Guardian, MIRIAM…

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

Date published: May 16, 1994

204 A.D.2d 508 (N.Y. App. Div. 1994)

614 N.Y.S.2d 215

Opinion

May 16, 1994

Appeal from the Supreme Court, Kings County (Greenstein, J.).

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

The Supreme Court properly denied the appellants' motion for summary judgment. Given the nature of the sidewalk defect which allegedly caused the infant plaintiff's injuries and the vague and incomplete deposition testimony concerning the performance of certain work at the premises abutting the sidewalk, there are triable issues of fact regarding whether the appellants were responsible for causing or creating the defect (see, Finegold v Brooklyn Union Gas Co., 202 A.D.2d 469). Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.