Brito v. Stratford Five Realty, LLC

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered December 27, 2012, which, to the extent appealed from, denied the motion of defendant Triumph Construction Corp. (Triumph) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff was injured in March 2009 when she allegedly fell on uneven, broken sidewalk. It is undisputed that defendant Triumph had performed work at the subject intersection starting in September 2008. Contrary to Triumph’s contention that it had not performed any work on the sidewalk at the northwest corner…