Defendants failed to prima facie establish entitlement to judgment as a matter of law. The expert opinion of their professional engineer that the broken concrete on the sidewalk that caused plaintiff's fall was inside the 12-inch zone that second third-party defendant Consolidated Edison Company of New York, Inc. (Con Ed) was required to repair under 34 RCNY 2-07, is speculative and unsupported by evidentiary foundation (see Costanzo v County of Chautauqua,
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COLON v. 385 FIFTH AVE., LLC
Index Nos. 300640/14, 84062/14, 83891/16. Appeal No. 12342. Case No. 2020-02606.
188 A.D.3d 486 (2020)
132 N.Y.S.3d 280
2020 NY Slip Op 06448
Joanne Colon, Respondent, v. 385 Fifth Avenue, LLC, et al., Appellants, et al., Defendants. 385 Fifth Avenue, LLC, et al., Third-Party Plaintiffs-Appellants, v. City of New York, Third-Party Defendant-Respondent. 385 Fifth Avenue, LLC, et al., Second Third-Party Plaintiffs-Appellants, v. Consolidated Edison Company of New York, Inc., Second Third-Party Defendant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 12, 2020.
Decided November 12, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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