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ELIZABETH WILK et al., Respondents, v. JOEL COHEN, Appellant, and ACE CONCRETE ASPHALT CO., INC., Respondent, et al., Defendants.

The parties' experts' affidavits raise issues of fact as to whether the allegedly defective sidewalk installed on defendant property owner's behalf was a proximate cause of plaintiff's injury ( cf., Ellis v. County of Albany, 205 A.D.2d 1005). There is no merit to appellant's argument that he cannot be held vicariously liable for defects in the sidewalk created by a sidewalk contractor he hired in connection with renovations to the exterior of his building ( Mendoza v. City of New York, 205 A.D.2d 741).

Concur — Rosenberger, J. P., Ellerin, Wallach and Williams. JJ.

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WILK v. COHEN
(Oct 6, 1998)