Stockdale v. City of New York

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered *196October 15, 2001, which, in an action for personal injuries sustained in a fall allegedly caused by a defect in a public sidewalk abutting defendant-appellant’s building, insofar as appealed from, denied appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

An issue of fact exists as to whether the sidewalk defect that allegedly caused plaintiffs fall was created by the heavy equipment that was admittedly used in the construction of appellant’s new building no more…