WILK v. COHEN

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.