GONZALEZ v. CITY OF NEW YORK

42064/12. 3362A. 3362.

151 A.D.3d 629 (2017)

2017 NY Slip Op 05180

58 N.Y.S.3d 331

MYLES GONZALEZ, Appellant, v. CITY OF NEW YORK, Respondent/Third-Party Plaintiff-Respondent. HALCYON CONSTRUCTION CORP., Third-Party Defendant-Respondent.

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

Decided June 27, 2017.


In this personal injury action, plaintiff alleged that he was on foot, crossing the east side of Mansion Street at its intersection with St. Lawrence Avenue in the Bronx, when he fell into a sinkhole. Plaintiff's theory of the case was that the City and its pavement restoration contractor, third-party defendant Halcyon Construction Corp., performed work that resulted in the creation of the sinkhole in which plaintiff fell.

According to plaintiff, the area inside the...

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