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Eliassian v. Consolidated Edison Co. of New York, Inc.

300 A.D.2d 51 Court N.Y. App. Div. Decision date 2002-12-05 English

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p. 51
Aghajan Eliassian, Respondent, v Consolidated Edison Company of New York, Inc., et al., Defendants, and 46-47 L.L.C., Appellant.
[751 NYS2d 15]

—Order, Supreme Court, New York County (Saralee Evans, J.), entered on or about March 19, 2002, which, inter alia, denied the cross motion of defendant 46-47 L.L.C. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff was allegedly injured as a consequence of tripping upon a shunt board that had been placed on an area of the sidewalk abutting defendant-appellant 46-47 L.L.C.’s (46-47) premises to cover temporary cables, laid by defendant Consolidated Edison to restore electricity to 46-47’s premises. Inasmuch as there is a triable factual issue as to whether the placement of shunt boards under these circumstances constituted a special use of the sidewalk by 46-47 giving rise to a duty on 46-47’s part to maintain the provisional sidewalk structure, 46-47’s cross motion for summary judgment was properly denied (see Karr v City of New York, 161 AD2d 449 ). Concur — Tom, J.P., Mazzarelli, Buckley, Sullivan and Lerner, JJ.