Appellate Division of the Supreme Court of New York, 1993

Munoz v. Consolidated Edison Co. of New York, Inc.

Munoz v. Consolidated Edison Co. of New York, Inc.
Appellate Division of the Supreme Court of New York · Decided November 18, 1993
198 A.D.2d 145; 603 N.Y.S.2d 858; 1993 N.Y. App. Div. LEXIS 10825
Munoz v. Consolidated Edison Co. of New York, Inc.

Opinion of the Court

—Order, Supreme Court, New York County (Car*146men Beauchamp Ciparick, J.), entered, on or about July 1, 1993, which denied third-party defendant’s cross-motion for summary judgment, unanimously affirmed, without costs.

Unresolved questions concerning the specific surface and/or object which allegedly precipitated plaintiffs fall and injury, and whether third-party defendant could have caused or contributed to the alleged mishap, preclude a grant of summary judgment. That third-party defendant’s paving work was deemed satisfactory by an inspector nine months prior to the accident does not eliminate the possibility that a latent defect may have caused the accident (see, Sternbach v Cornell Univ., 162 AD2d 922). Concur — Wallach, J. P., Kupferman, Ross, Kassal and Nardelli, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.