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Brito v. Stratford Five Realty, LLC
Citations: 118 A.D.3d 472; 987 N.Y.S.2d 380
Court: Appellate Division of the Supreme Court of the State of New York; June 10, 2014; New York; State Appellate Court
The order from the Supreme Court of Bronx County, issued by Judge Sharon A.M. Aarons on December 27, 2012, denies defendant Triumph Construction Corp.'s motion for summary judgment to dismiss the complaint against it, with the ruling affirmed unanimously and without costs. The plaintiff sustained injuries in March 2009 after allegedly falling on an uneven and broken sidewalk. It is established that Triumph had conducted work at the intersection since September 2008. Triumph's claim of not working on the sidewalk at the site of the fall is contradicted by their daily work report from September 4, 2008, which includes a sketch indicating the northwest sidewalk as a work area. Additionally, Triumph had excavated nearby using heavy machinery starting January 2009. Although Triumph contends that this work did not affect the sidewalk where the plaintiff fell, the proximity of the work creates a triable issue of fact regarding whether their activities contributed to the sidewalk's condition that led to the plaintiff's fall. Concurrence is noted from Gonzalez, PJ, Sweeny, Moskowitz, Freedman, and Kapnick, JJ.