
    Annmarie Prunella, Appellant, v Empire City Subway Company et al., Respondents, et al., Defendants. (And a Third-Party Action.)
    [66 NYS3d 444]
   Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered June 21, 2016, which, insofar as appealed from, granted the cross motion of defendant Empire City Subway Company (Empire) for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Empire failed to establish its entitlement to judgment as a matter of law in this action where plaintiff alleges that she was injured when she tripped and fell on a defect located within a crosswalk. Empire failed to show that the work it performed in the vicinity of plaintiffs fall could not have caused the defect because it was outside the area where plaintiff stated her accident occurred (see Cosme v City of New York, 20 AD3d 320 [1st Dept 2005]; compare Flores v City of New York, 29 AD3d 356 [1st Dept 2006]). Although plaintiff did testify that she fell “[a]t least three feet” from the curb that she was approaching and Empire records show that it excavated a trench about 10 to 14 feet from the subject curb, plaintiff also stated that she was not good at measurements and twice described the accident location as being “[a]bout three-quarters” of the way across the intersection, which would be in the area of Empire’s trench work.

Concur—Friedman, J.P., Richter, Gesmer, Kern and Moulton, JJ.  