Kearns v. City of New York

—Order, Supreme Court, Bronx County (Janice Bowman, J.), entered April 21, 1998, which granted the motion of defendants Vacca Brothers Contractors and Charles Vacca for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

On August 28, 1992, plaintiff Patricia Kearns tripped and fell on a defect in a sidewalk alleged to have been repaired by defendants Vacca Brothers Contractors and Charles Vacca. A note of issue was filed on or about October 21, 1996, but the parties continued to conduct discovery, taking…