In a decision dated January 9, 2012, Justice Julia I. Rodriguez granted defendant Skanska USA Inc.’s (“Skanska”) motion for summary judgment dismissing the plaintiff’s complaint sounding in common law negligence as against Skanska. The plaintiff alleged that he sustained personal injuries on March 22, 2007, while walking in the crosswalk at the intersection of West 161st Street and Gerard Avenue, Bronx, New York. The Court determined that Skanska established by testimony and documentary evidence that it did not perform work at the accident site. While the plaintiff had submitted testimony that Skanska was working in the area of the accident, he offered no other form of evidence to substantiate that claim. Further, the plaintiff’s attorney’s affirmation indicating that the documents presented by Skanska provided proof of the existence of work being performed in the subject intersection was, upon the Court’s review, without merit. As such, the Court granted summary judgment to Skanska on the issue of liability and dismissed the plaintiff’s complaint as against it.
Amasike v. City of New York et al., Index No.: 305167/08 (Bronx Co. Sup. Ct., January 9, 2012)
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