Wilk v. Cohen

Appellate Division of the Supreme Court of New York

Wilk v. Cohen

254 A.D.2d 57, 678 N.Y.S.2d 320, 1998 N.Y. App. Div. LEXIS 10020

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1998·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered September 16,1997, which, in an action to recover for personal injuries allegedly sustained as a result of a defective sidewalk, insofar as appealed from, denied defendant abutting property owner’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The parties’ experts’ affidavits raise issues of fact as to whether the allegedly defective sidewalk installed on defendant property owner’s behalf was a proximate cause of plaintiff’s injury (cf., Ellis v County of Albany, 205 AD2d 1005). There is no merit to appellant’s argument that he cannot be held vicariously liable for defects in the sidewalk created by a sidewalk contractor he hired in connection with renovations to the exterior of his building (Mendoza v City of New York, 205 AD2d 741). Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered September 16,1997, which, in an action to recover for personal injuries allegedly sustained as a result of a defective sidewalk, insofar as appealed from, denied defendant abutting property owner’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The parties’ experts’ affidavits raise issues of fact as to whether the allegedly defective sidewalk installed on defendant property owner’s behalf was a proximate cause of plaintiff’s injury (cf., Ellis v County of Albany, 205 AD2d 1005). There is no merit to appellant’s argument that he cannot be held vicariously liable for defects in the sidewalk created by a sidewalk contractor he hired in connection with renovations to the exterior of his building (Mendoza v City of New York, 205 AD2d 741). Concur — Rosenberger, J. P., Ellerin, Wallach and Williams, JJ.

Wilk v. Cohen, 254 A.D.2d 57, 678 N.Y.S.2d 320, 1998 N.Y. App. Div. LEXIS 10020 (N.Y. Ct. App. 1998).

Pincite

254 A.D.2d 57 (Wilk v. Cohen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related