1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 205 A.D.3d
  5. 205 A.D.3d 471 (2022)
 

CHOWDHURY v. PHILLIPS

Index No. 105336/96. Appeal No. 15904. Case No. 2021-01194.

205 A.D.3d 471 (2022)

168 N.Y.S.3d 58

2022 NY Slip Op 03067

Jasmine Chowdhury, as Administratrix of the Estate of Zamal A. Chowdhury, Deceased, et al., Respondents, v. William E. Phillips, Defendant, and City of New York et al., Appellants.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Amy McCamphill of counsel), for appellants.

Gentile & Associates, New York ( Laura Gentile of counsel), for respondents.

Concur—Webber, J.P., Singh, Moulton, Kennedy, Rodriguez, JJ.

In support of dismissing the negligent roadway maintenance claim insofar as it is based on the presence of potholes on the Harlem River Drive, defendants established prima facie that, while the record is replete with evidence of such potholes, there is no evidence that the decedent actually struck a pothole, causing one of his tires to blow out (see e.g. Merrill v City of New York, 172 A.D.3d 483, 484 [1st Dept 2019];

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases