Munoz v. Consolidated Edison Co. of New York, Inc.

Appellate Division of the Supreme Court of New York

Munoz v. Consolidated Edison Co. of New York, Inc.

198 A.D.2d 145, 603 N.Y.S.2d 858, 1993 N.Y. App. Div. LEXIS 10825

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1993·Published·Cited by 3 cases

Opinion

—Order, Supreme Court, New York County (Car[146]*146men Beauchamp Ciparick, J.), entered, on or about July 1, 1993, which denied third-party defendant’s cross-motion for summary judgment, unanimously affirmed, without costs.

Unresolved questions concerning the specific surface and/or object which allegedly precipitated plaintiffs fall and injury, and whether third-party defendant could have caused or contributed to the alleged mishap, preclude a grant of summary judgment. That third-party defendant’s paving work was deemed satisfactory by an inspector nine months prior to the accident does not eliminate the possibility that a latent defect may have caused the accident (see, Sternbach v Cornell Univ., 162 AD2d 922). Concur — Wallach, J. P., Kupferman, Ross, Kassal and Nardelli, JJ.

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—Order, Supreme Court, New York County (Car[146]*146men Beauchamp Ciparick, J.), entered, on or about July 1, 1993, which denied third-party defendant’s cross-motion for summary judgment, unanimously affirmed, without costs.

Unresolved questions concerning the specific surface and/or object which allegedly precipitated plaintiffs fall and injury, and whether third-party defendant could have caused or contributed to the alleged mishap, preclude a grant of summary judgment. That third-party defendant’s paving work was deemed satisfactory by an inspector nine months prior to the accident does not eliminate the possibility that a latent defect may have caused the accident (see, Sternbach v Cornell Univ., 162 AD2d 922). Concur — Wallach, J. P., Kupferman, Ross, Kassal and Nardelli, JJ.

Munoz v. Consolidated Edison Co. of New York, Inc., 198 A.D.2d 145, 603 N.Y.S.2d 858, 1993 N.Y. App. Div. LEXIS 10825 (N.Y. Ct. App. 1993).

Pincite

198 A.D.2d 145 (Munoz v. Consolidated Edison Co. of New York, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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