Koeppel v. City of New York

• Decision Date: 21 June 1994
• Citation: 205 A.D.2d 402,613 N.Y.S.2d 389
• Parties: Shirley KOEPPEL, et al., Plaintiffs-Respondents, v. The CITY OF NEW YORK, Defendant, John Lai, et al., Defendants-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 389

613 N.Y.S.2d 389

205 A.D.2d 402

Shirley KOEPPEL, et al., Plaintiffs-Respondents, v. The CITY OF NEW YORK, Defendant, John Lai, et al., Defendants-Appellants.

Supreme Court, Appellate Division, First Department.

June 21, 1994.

Before ROSENBERGER, J.P., and KUPFERMAN, ROSS, NARDELLI and TOM, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Stuart Cohen, J.), entered June 18, 1993, which denied defendants-appellants' motions for summary judgment in this negligence action, unanimously affirmed, without costs.

In light of the fact that it is unclear who was responsible for the dumpster in front of 51 Mott Street at the time of the slip and fall accident, and since the use of the dumpster, which allegedly blocked part of the sidewalk, may have converted the sidewalk into one used for a "special purpose" (cf., Kiernan v. Thompson, 137 A.D.2d 957, 958, 525 N.Y.S.2d 380), and thereby may have contributed to the hazardous conditions which allegedly caused plaintiff to slip and fall, questions of fact exist which preclude summary judgment. We further note that while there is no direct evidence as to who actually placed the dumpster in front of the premises, issues of fact are raised by the circumstantial evidence as to the liability of each of the defendants-appellants (see, Spett v. President Monroe Bldg. & Mfg. Corp., 19 N.Y.2d 203, 205, 278 N.Y.S.2d 826, 225 N.E.2d 527).