Crandell v New York City Tr. Auth.

Crandell v New York City Tr. Auth. 2011 NY Slip Op 00549 Decided on February 1, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 1, 2011
Tom, J.P., Mazzarelli, Renwick, Freedman, Manzanet-Daniels, JJ.
4136 17421/05

[*1]Lenora Crandell, Plaintiff-Respondent,

v

New York City Transit Authority, et al., Defendants, Parkchester South Condominium, et al., Defendants-Appellants.




Fiedelman & McGaw, Jericho (James K. O'Sullivan of
counsel), for appellants.
Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac
of counsel), for respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 24, 2009, which, in an action for personal injuries allegedly sustained when plaintiff tripped and fell stepping into a hole in the sidewalk as she disembarked from a bus, denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The motion court correctly determined that issues of fact exist concerning the precise location of plaintiff's fall, either at or near a bus stop, thereby precluding a determination of whether appellants were responsible for maintaining the area of the sidewalk where the injury occurred (see Administrative Code of the City of New York § 7-210).

We have considered appellants' remaining arguments, including that plaintiff's affidavit in opposition was inconsistent with her deposition testimony, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 1, 2011

CLERK