MUNOZ v. CONSOLIDATED EDISON CO. OF NEW YORK

Unresolved questions concerning the specific surface and/or object which allegedly precipitated plaintiff's fall and injury, and whether third-party defendant could have caused or contributed to the alleged mishap, preclude a grant of summary judgment. That third-party defendant's paving work was deemed satisfactory by an inspector nine months prior to the accident does not eliminate the possibility that a latent defect may have caused the accident (see, Sternbach v Cornell Univ., 162 A.D.2d 922).

Concur — Wallach, J.P., Kupferman, Ross, Kassal and Nardelli, JJ.