TAVERAS v. CITY OF NEW YORK


59 A.D.3d 178 (2009)

872 N.Y.S.2d 458

ANTONIA TAVERAS et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and DOBBS-FRIEDMAN, INC., Respondent.

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

Decided February 5, 2009.


Plaintiff was injured when she tripped over construction fencing maintained by defendant New York City Transit Authority, causing her foot to hit a raised padlock affixed to cellar doors on adjacent premises owned by respondent. Following respondent's prima facie showing of entitlement to summary judgment, plaintiff failed to raise a triable issue of fact as to whether the padlock, rather than the Transit Authority's fencing, caused the accident. Regardless of any special...

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