Sweeney v. Riverbay Corp.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about August 13, 2008, which granted defendant’s motion for summary judgment dismissing the complaint, reversed, on the law, without costs, the motion denied, and the complaint reinstated.

Plaintiff seeks damages for injuries she sustained after tripping and falling over a garden hose that had been placed across the sidewalk in front of a building managed by defendant. Even assuming that the deposition testimony and photographs suggesting the hose was clearly visible from all directions compels the conclusion as a matter…