In this negligence action involving a trip and fall on a sidewalk, the daily logs with photographs relied upon by defendant, a contractor hired to perform construction work at the premises, failed to demonstrate that it did not perform any work on the sidewalk before plaintiff's accident. Accordingly, the documentary evidence did not conclusively establish, as a matter of law, a defense to plaintiff's claims.
In any event, plaintiff raised an issue of fact in opposition to the motion by submitting evidence that, two months before plaintiff's accident, defendant received a violation from the New York City Department of Transportation for maintaining a plywood fence on the sidewalk without a permit. Therefore, there is an issue of fact as to whether defendant may have launched a force or instrument of harm that caused plaintiff's accident.
Defendant's request for sanctions is denied because plaintiff's claims cannot be deemed frivolous.
De Perez v. Fordham Valentine Assoc., LLC, NY Slip Op 01594 (1st Dep't March 19, 2026)
