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ESPINOSA v. JMG REALTY CORP.

3177.

2008 NY Slip Op 05969

AIDA ESPINOSA, Plaintiff-Respondent, v. JMG REALTY CORPORATION, ET AL., Defendants-Appellants, SCULLY SIGNAL COMPANY, Defendant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Marshall, Conway, Wright & Bradley, P.C., New York (Cristen R. Sommers of counsel), for JMG Realty Corporation, appellant.

Hodges, Walsh & Slater, LLP, White Plains (Paul E. Svensson of counsel), for Petro, Inc. and Petroleum Heat and Power, appellants.

Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for municipal appellants.

Peter P. Ferraiuolo, New York, for respondent.

Before: Friedman, J.P., Gonzalez, McGuire, Moskowitz, JJ.

The court improperly denied Petro's cross motion for summary judgment. Plaintiff alleges that she tripped and fell on the sidewalk, in front of a building owned by JMG, over the cap on the fill pipe of an underground fuel tank. It is undisputed that the day before plaintiff's fall, Petro made a fuel oil delivery to JMG's building, requiring its personnel to unlock and then replace the fuel cap. The evidence also reflects that the fuel cap is locked and unlocked by the twist...

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