Shechter v. City of New York

Order, Supreme Court, New York County (Paviola A. Soto, J), entered June 22, 2004, which, insofar as appealed from as limited by the briefs, granted motions by defendants Empire City Subway Company and Petrocelli Electric Co. for summary judgment dismissing the complaint as against them, unanimously modified, on the law, to deny Petrocelli’s motion, and otherwise affirmed, without costs.

An issue of fact exists as to whether Petrocelli created the hole in the street that allegedly caused plaintiffs fall (see Field v City of New York, 302 AD2d 223 [2003]). Petrocelli places undue reliance on…