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EALEY v. CITY OF NEW YORK

16 A.D.3d 543 (2005)

792 N.Y.S.2d 159

EARNEST EALEY, Respondent, v. CITY OF NEW YORK, Respondent, and A-1 WATERMAIN & SEWER CORPORATION, Appellant.

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

March 21, 2005.

Ordered that the order is affirmed, with one bill of costs.

On the afternoon of November 22, 1998, the plaintiff allegedly stepped in a depression in the roadway, causing him to fall and sustain serious injuries. The defendant A-1 Watermain & Sewer Corporation (hereinafter the appellant) previously excavated and refilled two openings on the same roadway where the plaintiff's accident occurred. The depression was adjacent to one of the openings which was backfilled...

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