In Hunter v. City of New York, 23 AD3d 223 (1st Dept 2005), where plaintiff tripped and fell on a sidewalk abutting a property being renovated, the First Department found that the plywood construction fence "erected" at the construction site encroached on the "adjacent sidewalk," limiting pedestrian passage to a portion of the sidewalk abutting a subway grating and may have proximately caused plaintiff harm by "directing plaintiff toward the alleged sidewalk defect." In Hunter v. City of New York, plaintiff tripped and fell on a sidewalk abutting property that was being renovated. In affirming the motion court's denial of the landlord's summary judgment motion, the First Department noted: "It is undisputed that a plywood construction fence erected at the site by defendant Atlantic encroached on the adjacent sidewalk, limiting the pedestrian passageway to a portion of the sidewalk abutting a subway grating" (id. at 224). The Court went on to hold that "there are triable factual issues as to whether . . . the encroachment proximately caused plaintiff's harm by directing her toward the alleged defect" (id.)