Yousef v. Kyong Jae Lee

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered November 30, 2011, which denied defendant City of New York’s motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

Triable issues of fact exist in this action where plaintiff testified that he tripped and fell in a hole on the “edge” of the sidewalk and identified on a photograph a condition located between the sidewalk and the curb as the cause of his accident. While the City may not be liable to plaintiff if he was injured as the result of a dangerous…