The records of and witness affidavits from officers and employees of both Metro and Oliveira establish that Metro did not perform any work at the accident site until five days after plaintiff fell. Thus, summary judgment was properly granted to it (see Mironov v Memorial Hosp. for Cancer & Allied Diseases, 192 A.D.3d 514 [1st Dept 2021]; Young v Associated Blind Hous. Dev. Fund Corp., 172 A.D.3d 407 [1st Dept 2019]; Amini v Arena Constr. Co., Inc.,
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UPSON v. OLIVEIRA CONTR. INC.
Index No. 31657/18E. Appeal No. 14986. Case No. 2021-02195.
201 A.D.3d 454 (2022)
156 N.Y.S.3d 750
2022 NY Slip Op 00070
Shaiqueen Upson, Plaintiff, v. Oliveira Contracting Inc., Appellant, and Metro Paving LLC, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 6, 2022.
Decided January 6, 2022.
Attorney(s) appearing for the Case
Kerley, Walsh, Matera & Cinquemani, P.C., Seaford ( Lauren B. Bristol of counsel), for appellant.
Bartlett LLP, Central Islip ( Robert G. Vizza of counsel), for respondent.
Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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