Diaz v. 1100 Wyatt LLC

Elaintiff testified at his deposition that he tripped in front of defendant’s premises when his foot went into a crack or hole in the sidewalk. He did not see the crack until he was shown a picture of the area, but he felt it with his foot when he fell. Despite never seeing the crack or hole at the time of the accident, plaintiff attributed his fall to that condition. Thus, defendant did not sustain its burden of demonstrating, in the first instance, that the alleged sidewalk defect was not the cause of plaintiffs fall (see Tiles v City of New York, 262 AD2d 174 [1st Dept 1999]; see also…