Liebowitz v. New York Telephone Company

Full title: ALMA LIEBOWITZ, Appellant, v. NEW YORK TELEPHONE COMPANY, Respondent

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

Date published: Jul 24, 1995

217 A.D.2d 647 (N.Y. App. Div. 1995)

630 N.Y.S.2d 252

Opinion

July 24, 1995

Appeal from the Supreme Court, Queens County (LeVine, J.).

Ordered that the order dated July 11, 1994, is reversed; the plaintiff's motion for renewal is granted; and, upon renewal, the order dated March 30, 1994, is vacated, and the defendant's motion for summary judgment is denied; and it is further,

Ordered that the appeal from the order dated March 30, 1994, is dismissed as academic; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

Contrary to the Supreme Court's conclusion, the plaintiff produced evidentiary proof in admissible form sufficient to require a trial on the issue of whether the defendant, New York Telephone Company, negligently installed and maintained the telephone wires over which the plaintiff allegedly tripped and fell (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.