Appellate Division, Second Department Affirms Dismissal of Bicyclist’s Lawsuit Against the City of New York and General Contractor Defendants

In a decision dated January 9, 2019, the Appellate Division, Second Department, affirmed the granting of summary judgment to our clients, The City of New York, New York City Department of Transportation, and E.C.C.O. III Enterprises, Inc., dismissing the plaintiff’s complaint in its entirety. The plaintiff sought damages for personal injuries allegedly sustained by the decedent, a bicyclist who was riding to work on Queens Boulevard, when the decedent was struck by a vehicle. The plaintiff alleged that the decedent was struck and killed by a motor vehicle exiting the westbound exit ramp of the Van Wyck Expressway in Kew Gardens, New York and that the defendants were negligent in the maintenance, operation, ownership, management and control of the roadway and exit ramp. In dismissing the plaintiff’s complaint, the lower Court found that the hypothesis of the plaintiff’s engineering expert that the vehicle which struck the decedent entered Queens Boulevard from the Van Wyck Expressway was based purely on speculation of a material fact, had no probative value and could not be used to defeat summary judgment. The Second Department agreed with the lower Court’s reasoning and affirmed the dismissal of the plaintiff’s action against the defendants.

George Martinez as Administrator of the Estate of Alexander G. Martinez, deceased v. The City of New York et al., 90 N.Y.S.3d 278 (2d Dep’t 2019)

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