Field v. City of New York
| Decision Date | 06 February 2003 |
| Court | New York Supreme Court — Appellate Division |
| Parties | RENA FIELD, Respondent-Appellant,<BR>v.<BR>CITY OF NEW YORK et al., Defendants,<BR>EMPIRE CITY SUBWAY CO., LTD., Respondent, and<BR>IMPULSE/F&V, INC., Appellant. |
Plaintiff allegedly was injured when she stepped into a hole in the street and fell to the ground. The motion court erred in granting summary judgment to Empire because Empire did not conclusively establish that it did not create the hole which caused plaintiff's fall (see Migdol v City of New York, 291 AD2d 201). Moreover, based on the testimony of the parties, the photographs of the subject hole which were identified by plaintiff at her deposition, Empire's work permit application and the affidavit from plaintiff's engineering expert, a question of fact exists as to whether Empire created the hole which caused plaintiff's fall.
Summary judgment was properly denied to defendant Impulse since it also failed to establish that it did not create the hole in question.
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