Opinion
June 21, 1994
Appeal from the Supreme Court, New York County (Stuart Cohen, J.).
In light of the fact that it is unclear who was responsible for the dumpster in front of 51 Mott Street at the time of the slip and fall accident, and since the use of the dumpster, which allegedly blocked part of the sidewalk, may have converted the sidewalk into one used for a "special purpose" (cf., Kiernan v Thompson, 137 A.D.2d 957, 958), and thereby may have contributed to the hazardous conditions which allegedly caused plaintiff to slip and fall, questions of fact exist which preclude summary judgment. We further note that while there is no direct evidence as to who actually placed the dumpster in front of the premises, issues of fact are raised by the circumstantial evidence as to the liability of each of the defendants-appellants (see, Spett v President Monroe Bldg. Mfg. Corp., 19 N.Y.2d 203, 205).
Concur — Rosenberger, J.P., Kupferman, Ross, Nardelli and Tom, JJ.