SIEGEL v. CITY OF NEW YORK

2177, 2177A, 102930/02, 590948/04

86 A.D.3d 452 (2011)

928 N.Y.S.2d 1

2011 NY Slip Op 5937

JOAN C. SIEGEL, as Administrator of the Estate of JEROME SIEGEL, Deceased, Appellant, v. CITY OF NEW YORK et al., Defendants, and EMPIRE CITY SUBWAY COMPANY (LIMITED), Respondent. (And a Third-Party Action.) EMPIRE CITY SUBWAY COMPANY (LIMITED), Second Third-Party Plaintiff, v. WESTMORELAND CONSTRUCTION, INC., Second Third-Party Defendant-Respondent.

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

Decided July 14, 2011.


Plaintiff's decedent was injured on May 7, 2001 when he fell in the roadway while crossing at the intersection of 68th Street and York Avenue in Manhattan. He commenced the instant personal injury action alleging that defendants, Empire City Subway Company (ECS) and Westmoreland Construction, Inc. (Westmoreland), who had previously performed work in that area, negligently maintained the roadway and/or created the defective condition that caused his fall.

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