KLIGMAN v. CITY OF NEW YORK


19 A.D.3d 168 (2005)

798 N.Y.S.2d 377

BARBARA KLIGMAN, Respondent, v. CITY OF NEW YORK et al., Defendants, and TRIUMPH CONSTRUCTION CORP., Appellant.

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

June 9, 2005.


Defendant failed to come forward with sufficient evidence demonstrating it did not create the condition that allegedly caused plaintiff to fall and injure herself. Triumph did not present any records as to what work was performed near the accident site, when it was performed or which of Triumph's employees performed it (Zuckerman v City of New York, 49 N.Y.2d 557

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