Estate of Hamzavi v. Dewberry-Goodkind, Inc.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered January 18, 2005, which, in an action for personal injuries and wrongful death against an engineering firm for negligent design and installation of a highway guide rail, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs claim that defendant failed to design a proper guide rail at the location of plaintiffs decedent’s accident was properly dismissed for lack of a substantial basis to believe that the guide rail was designed by defendant (CPLR 3212 [i]).…