Opinion
2441
December 5, 2002.
Order, Supreme Court, New York County (Saralee Evans, J.), entered on or about March 19, 2002, which, inter alia, denied the cross motion of defendant 46-47 L.L.C. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
David Demaggio, for defendants.
Before: TOM, J.P., MAZZARELLI, BUCKLEY, SULLIVAN, LERNER, JJ.
Plaintiff was allegedly injured as a consequence of tripping upon a shunt board that had been placed on an area of the sidewalk abutting defendant-appellant 46-47 L.L.C.'s (46-47) premises to cover temporary cables, laid by defendant Consolidated Edison to restore electricity to 46-47's premises. Inasmuch as there is a triable factual issue as to whether the placement of shunt boards under these circumstances constituted a special use of the sidewalk by 46-47 giving rise to a duty on 46-47's part to maintain the provisional sidewalk structure, 46-47's cross motion for summary judgment was properly denied (see Karr v. City of New York, 161 A.D.2d 449).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.