MENDOZA v. CITY OF NEW YORK


13 A.D.3d 127 (2004)

785 N.Y.S.2d 689

VERONICA MENDOZA, Respondent, v. CITY OF NEW YORK, Respondent, and SLATTERY SKANSKA, INC., et al., Appellants.

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

December 9, 2004.


Plaintiff allegedly fell in a crosswalk renovated a few years earlier by the contractors. In particular, she claims the work was substandard in failing to take reasonable steps to prevent or ameliorate the settling of the roadway, which caused a dangerous condition leading to her fall. Service of the summary judgment motion did not comport with the time requirements of CPLR 3212 (a).

Because the contractors do not offer an explanation or "good cause" basis for their...

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