LILIANE BRONFMAN, plf-res, v. EAST MIDTOWN PLAZA HOUSING COMPANY, INC., def-ap

4371. LILIANE BRONFMAN, plf-res, v. EAST MIDTOWN PLAZA HOUSING COMPANY, INC., def-ap — EAST MIDTOWN PLAZA HOUSING COMPANY, INC., Third-Party plf-ap, v. THE CITY OF NEW YORK, Third-Party def-res — Mauro Lilling Naparty LLP, Woodbury (Gregory A. Cascino of counsel), for ap — Hoffmaier & Hoffmaier, P.C., New York (Neva Hoffmaier of counsel), for Liliane Bronfman, res — Zachary W. Carter, Corporation Counsel, New York (John Moore of counsel), for the City of New York, res — Order, Supreme Court, New York County (Margaret A. Chan, J.), entered on or about December 21, 2016, which, to the extent appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint and granted third-party defendant City of New York's motion for summary judgment dismissing the third-party action, unanimously affirmed, without costs.

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4371. LILIANE BRONFMAN, plf-res, v. EAST MIDTOWN PLAZA HOUSING COMPANY, INC., def-ap — EAST MIDTOWN PLAZA HOUSING COMPANY, INC., Third-Party plf-ap, v. THE CITY OF NEW YORK, Third-Party def-res — Mauro Lilling Naparty LLP, Woodbury (Gregory A. Cascino of counsel), for ap — Hoffmaier & Hoffmaier, P.C., New York (Neva Hoffmaier of counsel), for Liliane Bronfman, res — Zachary W. Carter, Corporation Counsel, New York (John Moore of counsel), for the City of New York, res — Order, Supreme Court, New York County (Margaret A. Chan, J.), entered on or about December 21, 2016, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint and granted third-party defendant City of New York’s motion for summary judgment dismissing the third-party action, unanimously affirmed, without costs.

Plaintiff tripped and fell upon a cement mound around the stump of a signpost, on a sidewalk located in a pedestrian plaza that was a sidewalk easement granted to the City for the benefit of pedestrians. Defendant, the owner and operator of premises adjacent to the defective sidewalk, asserted that the stump was the remnant of a sign that the City had installed.

LILIANE BRONFMAN, plf-res, v. EAST MIDTOWN PLAZA HOUSING COMPANY, INC., def-ap

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