In a decision dated August 5, 2025, the Hon. John J. Kelley granted our clients Verizon New York Inc. and Network Infrastructure Inc.’s motion for summary judgment dismissing the plaintiff’s complaint as a matter of law. The plaintiff alleged that she tripped and fell on the sidewalk adjacent to 4960 Broadway, New York, New York when the front of her right foot stubbed into an allegedly elevated sidewalk flag, causing her to lose her balance and fall forward. It was claimed that while running conduit from a manhole in the street through the sidewalk and into an adjacent building pursuant to a contract with Verizon, Network Infrastructure damaged or displaced the sidewalk flags and created the condition which caused plaintiff’s accident. At her deposition, plaintiff examined a photograph of the location where her accident occurred and identified the sidewalk flag which caused her to trip and fall. Subsequently, at the deposition of Network, the on-site coordinator was able to identify which sidewalk flags Network had actually performed work on based on the color and appearance of the new flags. Plaintiff’s testimony clearly placed the condition which caused her accident on a sidewalk flag which Network did not work on. The Network witness was also able to testify that the work which Network performed would not have damaged any adjacent flags. In  opposition to the motion, plaintiff argued that a question of fact existed as to whether Network’s work on adjacent flags could have displaced or damaged the flag where plaintiff’s accident occurred. However, the Court found that plaintiff’s speculative assertion that Network’s excavation work could have damaged the sidewalk flag failed to raise a triable issue of fact. In light of the foregoing, the Court granted Verizon and Network Infrastructure summary judgment dismissing the plaintiff’s complaint because there was no evidence to support plaintiff’s contentions that they created the tripping hazard which caused her accident. 

Maria B. Lugo v. 4690 Broadway, LLC et al., Index No. 152691/2020 (Sup. Ct. N.Y. Co., Aug. 5, 2025)