Salisbury v. City of New York

—Order, Supreme Court, New York County (Jane Solomon, J.), entered September 16, 1996, which, in an action by plaintiff, a garbage remover, against a building owner for *12injuries sustained when his foot went through a hole in an abutting sidewalk, denied the motion of third-party defendant, plaintiffs employer, for summary judgment dismissing the building owner’s third-party complaint and all cross claims as against it, unanimously affirmed, without costs.

We agree with the IAS Court that the deposition testimony of the building’s superintendent and a former maintenance person that third-party…