Mayfield v. City of New York

Appellate Division of the Supreme Court of New York

Mayfield v. City of New York

258 A.D.2d 483, 682 N.Y.S.2d 848

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

DecidedJanuary 21, 1999

StatusPublished

This text of 258 A.D.2d 483 (Mayfield v. City of New York) 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

Mayfield v. City of New York, 258 A.D.2d 483, 682 N.Y.S.2d 848 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered September 9, 1997, which granted defendant Migoya Construction Corporation’s motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

There is no genuine issue of fact with respect to the conclusion that plaintiff Kimberly Mayfield’s negligence was the sole cause of the accident that caused her injuries. However, even if a pothole had caused the accident, defendant Migoya would not be liable, as a matter of law, because it had not yet begun work in the area of the accident when it occurred (see, Hirsch v Schwartz & Cohn, 256 NY 7, 13). Concur — Sullivan, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered September 9, 1997, which granted defendant Migoya Construction Corporation’s motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

There is no genuine issue of fact with respect to the conclusion that plaintiff Kimberly Mayfield’s negligence was the sole cause of the accident that caused her injuries. However, even if a pothole had caused the accident, defendant Migoya would not be liable, as a matter of law, because it had not yet begun work in the area of the accident when it occurred (see, Hirsch v Schwartz & Cohn, 256 NY 7, 13). Concur — Sullivan, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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Bluebook (online)

258 A.D.2d 483, 682 N.Y.S.2d 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayfield-v-city-of-new-york-nyappdiv-1999.

Opinion

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