BELMER v. HHM ASSOC. INC.

6557, 116906/04.

101 A.D.3d 526 (2012)

957 N.Y.S.2d 16

2012 NY Slip Op 8779

YOLANDA BELMER, Respondent, v. HHM ASSOCIATES, INC., Appellant, et al., Defendants.

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

December 20, 2012.


Plaintiff was injured when the tire of a bus she was driving rolled into a large hole in a roadway. Defendant HHM Associates, Inc. had contracted with nonparty City of New York to replace sewer mains along a stretch of roadway that included the site of the accident. HHM's project entailed excavating and restoring the roadway. According to the City's consulting engineer, the roadway had been restored with temporary asphalt when the accident occurred. Plaintiff's theory at...

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