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WILEY v. ESI NEW YORK INC.

5109. 22443/13E.

156 A.D.3d 408 (2017)

64 N.Y.S.3d 526

2017 NY Slip Op 08465

DARYL WILEY, JR., Plaintiff, v. ESI NEW YORK INC., Also Known as IESI NY, et al., Respondents. ESI NEW YORK INC., Also Known as IESI NY, et al., Third-Party Plaintiffs-Respondents, v. VERIZON NEW YORK INC., Third-Party Defendant-Appellant. ESI NEW YORK INC., Also Known as IESI NY, et al., Second Third-Party Plaintiffs-Respondents, v. GRANITE AVENUE UTILITY CORP., Second Third-Party Defendant-Appellant.

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

Decided December 5, 2017.

Plaintiff was injured when the motorcycle he was driving collided with a truck owned by defendant ESI New York, Inc., and operated by defendant Krzysztof M. Hajnos. Defendants contend that the cause of the accident was Granite's negligent performance of road work, pursuant to a contract with Verizon, which had left the road in a hazardous condition.

Verizon and Granite established prima facie that Granite's road work was not a proximate cause of the accident. Plaintiff...

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