In a decision dated September 22, 2025, the Honorable John A. Howard-Algarin of Bronx County Supreme Court granted our client, the City of New York, summary judgment upon reargument pursuant to CPLR §2221(d), resulting in dismissal of the plaintiffs’ wrongful death action as to the City. This case involves a motor vehicle collision between a Chevy sedan (plaintiffs’ vehicle) and a Mack garbage truck owned by Avid Waste Systems, Inc. on Bruckner Boulevard and East 141st Street in Brooklyn, New York. At the time of the accident, the street was in a milled condition with the top layer of asphalt having been removed in preparation of repaving. The paving company performed milling under a contract awarded and funded by the City. On the original motion, the plaintiffs moved for summary judgment against the City and its contractor. The City cross-moved for summary judgment dismissing the plaintiffs’ complaint and all cross-claims against it. The City’s contractor also moved for summary judgment. The City’s contractor argued that the work was done according to accepted industry and statutory practices and was not dangerous. The Court previously determined that the garbage truck was liable for the accident.  The Court granted the City contractor’s motion that it was not negligent and denied the plaintiffs’ motion for summary judgment against the City’s contractor. The plaintiffs then withdrew their motion for summary judgment against the City, which by operation of law, caused the City’s cross-motion for summary judgment to be automatically withdrawn by the Court. As such, the Court did not consider the merits of the City’s cross-motion for summary judgment. Upon reargument, the Court exercised discretion under CPLR §3212(b) to search the record because it overlooked or misapprehended the facts. In doing so, the Court granted the City’s cross-motion against the plaintiffs and dismissed the complaint on the ground that the City had no liability.

Monica Deliz, as Administratrix of the Estate of Sophia Juliet Aguirre et al. v. Stanley F. Davis et al., Index No. 29144/2017E (Sup. Ct., Bronx Co., Sept. 22, 2025)