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O'CONNOR v. RESTANI CONSTR. CORP.

632, 112874/11.

137 A.D.3d 672 (2016)

29 N.Y.S.3d 8

2016 NY Slip Op 02293

MARIAN O'CONNOR, Respondent, v. RESTANI CONSTRUCTION CORP., Appellant, et al., Defendants.

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

Decided March 29, 2016.

Supreme Court correctly denied Restani's motion for summary judgment, because Restani failed to meet its initial burden to offer proof sufficient to show that it did not create the hole in the crosswalk that caused plaintiff to fall. It is undisputed that Restani employees performed milling work at the accident location eight days before it happened (see DeSilva v City of New York, 15 A.D.3d 252<...

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