In a decision dated August 15, 2014, Justice Eileen Rakower granted the summary judgment motions of Skanska and the City of New York dismissing the plaintiff’s complaint against them sounding in common law negligence. The plaintiff sought damages for personal injuries sustained when she allegedly fell while walking in the roadway on Dey Street between Church Street and Broadway. In dismissing the complaint, the Court found that Skanska neither created the alleged defect nor owed plaintiff any duty to remedy it. With respect to the City, the Court held that it was not on prior written notice of the defect, and thus could not be found liable for it.
Gelbard v. City of New York, et al., Index No. 105251/07 (N.Y. Co. Sup. Ct., Aug. 15, 2014)
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