Marchi v. Empire City Subway

Appellate Division of the Supreme Court of New York

Marchi v. Empire City Subway

10 A.D.3d 566, 781 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 11016

Appellate Division of the Supreme Court of the State of New York·Decided September 28, 2004·Published·Cited by 1 cases

Opinion

Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered May 30, 2003, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

Triable issues exist as to whether plaintiffs slip and fall was caused by an improperly maintained manhole cover. Defendants’ assertion that only snow and ice could have caused plaintiffs injuries was supported by little more than surmise and conjecture (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Concur—Tom, J.P., Sullivan, Williams, Friedman and Marlow, JJ.

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Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered May 30, 2003, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

Triable issues exist as to whether plaintiffs slip and fall was caused by an improperly maintained manhole cover. Defendants’ assertion that only snow and ice could have caused plaintiffs injuries was supported by little more than surmise and conjecture (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Concur—Tom, J.P., Sullivan, Williams, Friedman and Marlow, JJ.

Marchi v. Empire City Subway, 10 A.D.3d 566, 781 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 11016 (N.Y. Ct. App. 2004).

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Opinion

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