RIVERA v. CITY OF NEW YORK


42 A.D.3d 361 (2007)

840 N.Y.S.2d 321

RUBEN RIVERA et al., Respondents, v. CITY OF NEW YORK et al., Defendants, DIAMOND ASPHALT CORP. et al., Respondents, WELSBACH ELECTRICAL CORPORATION, Appellant-Respondent, and URBITRAN ASSOCIATES ENGINEERS, P.C., Respondent-Appellant.

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

Decided July 19, 2007.


Urbitran's moving papers demonstrated a prima facie entitlement to judgment. The submissions in opposition did not sufficiently raise issues of fact as to whether Urbitran had failed to perceive an inadequately covered manhole, and whether that failure in turn contributed to a dangerous condition resulting in the accident. With respect to the allegation that defective lighting contributed to the injured plaintiff being struck by the car, the record establishes that Urbitran...

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