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Feliciano v. City of New York

304 A.D.2d 416 Court N.Y. App. Div. Decision date 2003-04-17 English

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p. 416
Hassie Feliciano, Respondent, v City of New York, Defendant, and 104th St. Realty, LLC, et al., Appellants.
[757 NYS2d 430]

Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 28, 2002, which, insofar as appealed from, denied defendants-appellants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s expert asserted that improper patching of a hole in

p. 417
the public sidewalk abutting defendants-appellants’ premises was the proximate cause of the injuries sustained by plaintiff. Defendants-appellants’ manager’s deposition testimony concerning sidewalk repair procedures raises an issue of fact concerning whether defendants-appellants performed the alleged defective patchwork, and are thus subject to liability (see Hausser v Giunta, 88 NY2d 449 , 452-453 [1996]). Accordingly, defendants-appellants’ cross motion for summary judgment dismissing the complaint against them was properly denied. Concur — Mazzarelli, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.

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