In a decision dated March 25, 2016, Justice James E. d’Auguste granted the summary judgment motion of our client, Restani Construction Corp., dismissing the plaintiff’s complaint in its entirety as against Restani, prior to any depositions being conducted. The plaintiff sought damages for personal injuries allegedly sustained when she fell from her bicycle due to a pothole while riding on Third Avenue at its intersection with 92nd Street, New York, New York. The plaintiff alleged that Restani had been negligent in milling the subject roadway prior to the City’s repaving of the roadway, causing a the alleged defective condition. In dismissing the plaintiff’s complaint, the Court found that Restani submitted sufficient evidence in admissible form indicating that it completed milling work at the subject area approximately 29 months prior to the plaintiff’s alleged accident, that the City of New York signed off on Restani’s work approximately 18 months prior to the plaintiff’s alleged accident, and that the City of New York thereafter repaved the roadway. The Court rejected the plaintiff’s contention that further discovery was needed, or that the motion was premature, as plaintiff failed to identify anything to show that further disclosure from Restani would lead to relevant evidence on the issue of its liability.
Murray v. City of New York et al., Index No. 157124/2014 (N.Y. Co. Sup. Ct., March 25, 2016)