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DONNELLY v. CITY OF NEW YORK

267 A.D.2d 23 (1999)

699 N.Y.S.2d 361

MARY DONNELLY et al., Respondents, v. CITY OF NEW YORK, Defendant, and L. K. COMSTOCK AND COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 7, 1999.

Plaintiff Mary Donnelly was injured on March 4, 1994, when she allegedly tripped after stepping into a hole in the pavement that was part of a scar from an excavation trench, at the intersection of 53rd Street and Park Avenue in Manhattan. Comstock had contracted with the City to perform traffic signal maintenance in this area, which included underground conduit replacement. Comstock obtained insurance for such purpose, and concededly performed repair work at this location...

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