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Soto v. Anron Enterprises

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2002
293 A.D.2d 395 (N.Y. App. Div. 2002)

Opinion

854

April 25, 2002.

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered June 5, 2001, which, inter alia, denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Brian J. Isaac, for plaintiffs-respondents.

Dario Di Lello, for defendants-appellants.

Before: Mazzarelli, J.P., Sullivan, Wallach, Lerner, JJ.


Inasmuch as there was evidence before the court sufficient to raise a triable issue as to whether appellants created or caused the alleged hazard, and to support the inference that the alleged hazard, situated upon a public sidewalk, posed a foreseeable risk to pedestrians such as the infant plaintiff, appellants' motion for summary judgment was properly denied. "When one undertakes work in a public highway which, unless carefully done, will create conditions which are dangerous to members of the public using the highway, in the usual and ordinary manner, he is under a duty to use requisite care" (Boylehart v. DeMarco Reimann, Inc. 270 N.Y. 217, 221).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Soto v. Anron Enterprises

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2002
293 A.D.2d 395 (N.Y. App. Div. 2002)
Case details for

Soto v. Anron Enterprises

Case Details

Full title:CARLOS TOLEDO SOTO, ETC., ET AL., PLAINTIFFS-RESPONDENTS, v. ANRON…

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

Date published: Apr 25, 2002

Citations

293 A.D.2d 395 (N.Y. App. Div. 2002)
740 N.Y.S.2d 618

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