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ELAINE BLECH plf-ap, v. WEST PARK PRESBYTERIAN CHURCH def, EAGLE SCAFFOLDING SERVICES, def-res

9093. ELAINE BLECH plf-ap, v. WEST PARK PRESBYTERIAN CHURCH def, EAGLE SCAFFOLDING SERVICES, def-res — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for ap — Camacho Mauro Mulholland, New York (Eric L. Cooper of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered October 17, 2011, which granted the motion of defendant Eagle Scaffolding Services (ESS) for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

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9093. ELAINE BLECH plf-ap, v. WEST PARK PRESBYTERIAN CHURCH def, EAGLE SCAFFOLDING SERVICES, def-res — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for ap — Camacho Mauro Mulholland, New York (Eric L. Cooper of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered October 17, 2011, which granted the motion of defendant Eagle Scaffolding Services (ESS) for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

In September 2006, ESS entered into a contract with defendant West Park Presbyterian Church (Church) to erect and install a sidewalk bridge over the sidewalk abutting the Church’s property to protect pedestrians from any falling debris as the result of construction being performed at the Church. On September 28, 2007, plaintiff Elaine Blech was injured when, while walking underneath the bridge, she tripped and fell over a defect in the sidewalk. She testified that she had walked by the Church earlier that morning and had avoided the defect because she could see it, but on that evening the natural light was poor and the lights underneath the bridge were not on.

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