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PATTEN v. CITY OF NEW YORK

277 A.D.2d 296 (2000)

715 N.Y.S.2d 670

CELIA D. PATTEN, Plaintiff, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY et al., Defendants and Third-Party Plaintiffs-Respondents. NEW YORK PAVING, INC., Third-Party Defendant-Appellant; PROFESSIONAL CONTRACTING METHODS, INC., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 13, 2000.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied the appellant's motion for summary judgment. The proof submitted on the motion showed, inter alia, the existence of a factual question as to whether the appellant was responsible, at least in part, for the complained-of condition which allegedly caused the plaintiff's injuries (see generally, Alvarez v Prospect Hosp.,

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