In a decision dated February 4, 2015, Justice Carmen Velasquez granted the summary judgment motion of our client, Sordoni Skanska, dismissing RCN Telecom Service’s Inc.’s third-party complaint in its entirety. The underlying plaintiff sought damages for personal injuries sustained when she fell in the crosswalk of Roosevelt Avenue and Parsons Boulevard in Queens, New York. She sued RCN, which in turn, impleaded Sordoni. The plaintiff did not have any claims against Sordoni. In dismissing the third-party complaint against Sordoni, the Court found that Sordoni did not have notice of the alleged defective condition nor did it retain control over the roadway or have a contractual duty to maintain and repair it. Thus, Sordoni could not be found liable.
Chow v. RCN, et al., Index No. 8839/2009 (Queens Co. Sup. Ct., Feb. 4, 2015)