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SHEEHAN v. CITY OF NEW YORK

48 A.D.3d 666 (2008)

850 N.Y.S.2d 904

JAMES SHEEHAN et al., Respondents, v. CITY OF NEW YORK, et al., Respondents, and NEW YORK PAVING, INC., Appellant.

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

Decided February 19, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant New York Paving, Inc. (hereinafter NY Paving), failed to submit evidence sufficient to demonstrate, prima facie, that it did not create the alleged defect in the roadway (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). NY Paving failed to demonstrate that its assertion that it did not perform any work at the accident site...

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