Bivins v. Zeckendorf Realty, LP

Order, Supreme Court, New York County (Marcy Friedman, J.), entered on or about February 23, 2001, which, in an action for personal injuries sustained in a trip and fall in a crosswalk situated near defendants-appellants’ construction project, denied defendants-appellants’ motion for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.

We reject appellants’ argument that they are entitled to summary judgment on the basis of plaintiffs deposition testimony. The tenor of the testimony is that plaintiff could not say whether it was…