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SEARS v. S3 TUNNEL CONSTR. AJV

1417, 101748/12.

140 A.D.3d 474 (2016)

31 N.Y.S.3d 879

2016 NY Slip Op 04450

REBECCA SEARS, Respondent, v. S3 TUNNEL CONSTRUCTION AJV et al., Defendants, and METROPOLITAN TRANSPORTATION AUTHORITY, Appellant.

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

Decided June 9, 2016.

Plaintiff seeks damages for injuries she allegedly sustained when a re-paved trench in the street collapsed under her; at the time, construction of the Second Avenue subway was taking place in the area.

MTA failed to establish prima facie that it owes no duty to plaintiff because neither it nor its contractors launched a force or instrument of harm in performing their contractual duties (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136

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