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.