Fuentes v. City of New York

Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about December 27, 1995, which granted defendant-respondent’s motion for summary judgment dismissing the complaint and cross claims against it, unanimously affirmed, without costs.

Plaintiff’s claim that defendant’s practice of transporting a dumpster over the sidewalk either created the crack in the sidewalk that caused his fall or constituted a special use of the sidewalk was controverted by defendant’s grounds supervisor, who testified at deposition that he observed the defect in the sidewalk three or four years before…