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Mendoza v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1991
170 A.D.2d 198 (N.Y. App. Div. 1991)

Opinion

February 5, 1991

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).


This is a personal injury action where the plaintiff is alleged to have fallen on defective pavement. The IAS court correctly found, based on photographs and the affidavit of an expert, that there is a triable issue of fact as to the negligence of the contractor who performed the excavation and resurfacing (see, Sternbach v Cornell Univ., 162 A.D.2d 922, 923).

Concur — Sullivan, J.P., Carro, Kupferman, Ross and Rubin, JJ.


Summaries of

Mendoza v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 5, 1991
170 A.D.2d 198 (N.Y. App. Div. 1991)
Case details for

Mendoza v. City of New York

Case Details

Full title:HELEN MENDOZA et al., Respondents, v. CITY OF NEW YORK et al., Defendants…

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

Date published: Feb 5, 1991

Citations

170 A.D.2d 198 (N.Y. App. Div. 1991)
565 N.Y.S.2d 98

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