Caturano v. City of New York

Appellate Division of the Supreme Court of New York

Caturano v. City of New York

224 A.D.2d 202, 637 N.Y.S.2d 140, 1996 N.Y. App. Div. LEXIS 962

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 6, 1996

StatusPublished

Cited by3 cases

This text of 224 A.D.2d 202 (Caturano v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caturano v. City of New York, 224 A.D.2d 202, 637 N.Y.S.2d 140, 1996 N.Y. App. Div. LEXIS 962 (N.Y. Ct. App. 1996).

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Opinion

—Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about August 4, 1995, which denied defendants-appellants’ motion to dismiss plaintiff’s complaint and defendant-respondent’s cross claim, unanimously affirmed, without costs.

The IAS Court correctly found issues of fact precluding summary judgment in this action for personal injuries allegedly caused by a sidewalk defect, including whether defendants-respondents, the abutting property owner and its managing agent, while engaged in a nearby demolition project employing heavy machinery and equipment damaged the sidewalk by traversing it with their machinery and equipment, left it strewn with debris, or otherwise created the unsafe conditions that caused plaintiff’s injuries (see, Forelli v Rugino, 139 AD2d 489). We note such facts are peculiarly within defendants’ knowledge and control and have yet to be fully probed in disclosure (see, Terranova v Emil, 20 NY2d 493, 497). Concur— Murphy, P. J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about August 4, 1995, which denied defendants-appellants’ motion to dismiss plaintiff’s complaint and defendant-respondent’s cross claim, unanimously affirmed, without costs.

The IAS Court correctly found issues of fact precluding summary judgment in this action for personal injuries allegedly caused by a sidewalk defect, including whether defendants-respondents, the abutting property owner and its managing agent, while engaged in a nearby demolition project employing heavy machinery and equipment damaged the sidewalk by traversing it with their machinery and equipment, left it strewn with debris, or otherwise created the unsafe conditions that caused plaintiff’s injuries (see, Forelli v Rugino, 139 AD2d 489). We note such facts are peculiarly within defendants’ knowledge and control and have yet to be fully probed in disclosure (see, Terranova v Emil, 20 NY2d 493, 497). Concur— Murphy, P. J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

224 A.D.2d 202, 637 N.Y.S.2d 140, 1996 N.Y. App. Div. LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caturano-v-city-of-new-york-nyappdiv-1996.

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