Sheehy v. City of New York

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered January 11, 2006, which denied defendant-appellant’s motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

In light of the deposition testimony and documentary evidence adduced by plaintiffs, an issue of fact exists as to whether defendant-appellant (Superior) made a special use of the sidewalk. This evidence tended to show that while Superior did not itself make “cuts” in the sidewalk, defendant Con Edison had done so a few months before the injured plaintiffs accident for the…