Aziz v. Time Warner Cable

Appellate Division of the Supreme Court of New York

Aziz v. Time Warner Cable

304 A.D.2d 324, 757 N.Y.S.2d 540, 2003 N.Y. App. Div. LEXIS 3418

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 1, 2003

StatusPublished

This text of 304 A.D.2d 324 (Aziz v. Time Warner Cable) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aziz v. Time Warner Cable, 304 A.D.2d 324, 757 N.Y.S.2d 540, 2003 N.Y. App. Div. LEXIS 3418 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Saralee Evans, J.), entered November 12, 2002, which, in an action for personal injuries sustained when plaintiffs car drove into a large hole in the road, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Appellants failed to show, prima facie, that the hole in question, which they admittedly excavated some seven months before the accident in order to install a cable box, was ever filled and the area repaved (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). The invoice of the company that appellants hired to mill, pave and seal the road does not prove that such work was properly completed, and the witness that appellants produced had no first-hand knowledge of the work that was done. Concur — Nardelli, J.P., Sullivan, Friedman, Marlow and Gonzalez, JJ.

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Order, Supreme Court, New York County (Saralee Evans, J.), entered November 12, 2002, which, in an action for personal injuries sustained when plaintiffs car drove into a large hole in the road, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Appellants failed to show, prima facie, that the hole in question, which they admittedly excavated some seven months before the accident in order to install a cable box, was ever filled and the area repaved (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). The invoice of the company that appellants hired to mill, pave and seal the road does not prove that such work was properly completed, and the witness that appellants produced had no first-hand knowledge of the work that was done. Concur — Nardelli, J.P., Sullivan, Friedman, Marlow and Gonzalez, JJ.

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Bluebook (online)

304 A.D.2d 324, 757 N.Y.S.2d 540, 2003 N.Y. App. Div. LEXIS 3418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aziz-v-time-warner-cable-nyappdiv-2003.

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