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AMAROSA v. CITY OF NEW YORK

51 A.D.3d 596 (2008)

858 N.Y.S.2d 173

MARYLOU AMAROSA et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Defendants, TISHMAN CONSTRUCTION COMPANY, Appellant-Respondent, and COLUMBUS CONSTRUCTION CORP., Respondent. (And a Third-Party Action.)

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

Decided May 29, 2008.

Plaintiff asserts that she fell into a pothole and hit her shoulder on a manhole cover while crossing West 43rd Street at 8th Avenue in Manhattan on September 9, 1999. Columbus made a prima facie showing of entitlement to summary judgment by submitting the affidavit of its risk manager stating that his search of the company's records turned up no records of work at that location dating back to 1999. Further, the time sheets of the...

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