Poplaski v. City of New York
This text of 113 A.D.3d 449 (Poplaski 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.
Opinion
The third-party defendants, a re-grading contractor and a repaving contractor, established prima facie that the work they performed did not cause or create the defect that plaintiff claims caused his accident (see Jones v Consolidated Edison Co. of N.Y., Inc., 95 AD3d 659 [1st Dept 2012]). Con Edison has failed to raise an issue about a height differential between its grate and the surrounding roadway that allegedly caused the rear wheel of plaintiff’s scooter to lose traction. Concur — Sweeny, J.P., Renwick, Andrias, Freedman and Feinman, JJ.
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Cite This Page — Counsel Stack
113 A.D.3d 449, 977 N.Y.2d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poplaski-v-city-of-new-york-nyappdiv-2014.