Andino v. NSPD Associates., LLC — 89 A.D.3d 414

Majority

p. 414

Daniel Andino, Plaintiff, v NSPD Associates, LLC, et al., Defendants. Consolidated Edison Company of New York, Inc., Third-Party Plaintiff-Respondent, v Step-Mar Contracting Corp., Third-Party Defendant-Appellant. (And Another Action.)

[931 NYS2d 856]

Step-Mar made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that it did not create the alleged dangerous condition on the subject sidewalk (see Fernandez v 707, Inc., 85 AD3d 539 , 540-541 [2011]). In opposition, Con Edison raised an issue of fact as to whether Step-Mar properly performed its contractual obligation to maintain the work site, which included the subject sidewalk (cf. id. at 541 ). The contract does not state, and Step-Mar’s supervisor did not testify at his deposition, that Step-Mar’s obligation is limited to safeguarding its own work, materials, or equipment. Concur— Gonzalez, EJ., Tom, Sweeny, Renwick and Román, JJ.

Cases cited

Fernandez v. 707, Inc. 85 AD3d 539 N.Y. App. Div. 2011-06-16 at 540-541 p. 414