In a decision dated February 21, 2017, Justice James E. d’Auguste granted summary judgment dismissing the third-party action for common law and contractual indemnification against our client, WJL Equities. The plaintiff allegedly tripped over a raised/uneven sidewalk flag while walking in front of the New York Public Library on the Upper East Side of Manhattan thereby sustaining personal injuries. He subsequently brought suit against various defendants, one of whom impleaded WJL based upon its contract to perform sidewalk restoration work in the area. On summary judgment, WJL argued that the flags it installed were adjacent to the misleveled flag. In granting summary judgment to WJL, the Court held that WJL had met its burden of establishing that it did not perform work on the sidewalk flag that contained the alleged defect. The Court considered the arguments made in opposition by the third-party plaintiff and found them to be without merit.
Althofer v. City of New York et al., Index No. 112806/2011 (N.Y. Co. Sup. Ct., Feb. 21, 2017)
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