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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 Supreme Court of Bronx County affirmed the denial of Triumph Construction Corp.'s motion for summary judgment to dismiss the complaint against it. The plaintiff sustained injuries from a fall on an uneven, broken sidewalk in March 2009. It was established that Triumph had conducted work at the intersection starting in September 2008. Despite Triumph's claim of not having worked on the specific sidewalk area where the plaintiff fell, evidence from a daily work report dated September 4, 2008, included a sketch indicating work in that area. Additionally, starting in January 2009, Triumph excavated nearby using heavy equipment, which raised a question of fact regarding whether this work contributed to the sidewalk's hazardous condition. The court noted that the proximity of the work to the incident created a triable issue concerning Triumph's liability.