Mendoza v. City of New York
This text of 170 A.D.2d 198 (Mendoza 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.
Opinion
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about January 12, 1990, which, inter alia, denied defendant Tri-Messine Construction Co., Inc.’s motion for summary judgment, unanimously affirmed, without costs.
This is a personal injury action where the plaintiff is alleged to have fallen on defective pavement. The IAS court correctly found, based on photographs and the affidavit of an expert, that there is a triable issue of fact as to the negligence of the contractor who performed the excavation and resurfacing (see, Sternbach v Cornell Univ., 162 AD2d 922, 923). Concur—Sullivan, J. P., Carro, Kupferman, Ross and Rubin, JJ.
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Cite This Page — Counsel Stack
170 A.D.2d 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendoza-v-city-of-new-york-nyappdiv-1991.