PINA v. NEW YORK PAVING, INC.


266 A.D.2d 120 (1999)

698 N.Y.S.2d 679

JAIME PINA, Appellant, v. NEW YORK PAVING, INC., et al., Respondents.

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

Decided November 23, 1999.


The action was properly dismissed as against defendants-respondents for lack of evidence tending to show that either did any work that could have created or exacerbated the defect in the curb that caused plaintiff to trip. Defendants owed no duty to the general public to make repairs to an existing defect near their work site, which defect had nothing to do with the work they contracted to perform. In the absence of a duty there can be no liability for negligence (see...

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