SCHULMAN v. CITY OF NEW YORK

5467, 154798/12.

157 A.D.3d 548 (2018)

68 N.Y.S.3d 76

2018 NY Slip Op 00266

LORETTA SCHULMAN et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and FRA-MING REALTY CORP., Appellant, et al., Defendants.

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

Decided January 16, 2018.


Plaintiff Loretta Schulman alleges that she tripped and fell on a metal protrusion and/or sign post "stump" on a public sidewalk located in front of 123-125 East 90th Street, which is owned by defendant Fra-Ming Realty Corp. and maintained by its managing agent, nonparty Wallack Management Co., Inc.

After reviewing the record, we find that defendant established that its employees did not create the alleged defect by submitting the deposition testimony of its part...

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