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Martinez v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 2001
287 A.D.2d 414 (N.Y. App. Div. 2001)

Opinion

October 30, 2001.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered August 29, 2000, which, insofar as appealed from, denied defendant-appellant New York City School Construction Authority's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Tania M. Pagan, for plaintiffs-respondents.

Cynthia A. Holfester, for defendant-appellant.

Before: Nardelli, J.P., Andrias, Saxe, Marlow, JJ.


Issues of fact exist precluding summary judgment in appellant's favor. Such factual issues include whether it knew or should have known that children would be exiting the school on steps close to the scaffold it had constructed for the purpose of window replacement; whether the scaffold was inherently dangerous due to the absence of any barricade that would have prevented the children from gaining access to it from the steps; whether defendant had notice of a prior accident involving a student on the scaffold; and whether plaintiff's attempt to jump from the steps to the scaffold was foreseeable and/or the sole proximate cause of his injuries (cf., Pena v. Schur, 245 A.D.2d 206, lv denied 91 N.Y.2d 811).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Martinez v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 2001
287 A.D.2d 414 (N.Y. App. Div. 2001)
Case details for

Martinez v. City of New York

Case Details

Full title:MICHAEL MARTINEZ, ETC., ET AL., Plaintiffs-Respondents, v. THE CITY OF NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 30, 2001

Citations

287 A.D.2d 414 (N.Y. App. Div. 2001)
731 N.Y.S.2d 727

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