DeHoyos v. City of New York

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered May 7, 2013, which, to the extent appealed from, granted defendant MTA Capital Construction Company’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff testified that as he was cycling south on Second Avenue in Manhattan a passenger in a double-parked livery cab opened the cab door directly into his path, whereupon he veered into the adjacent traffic lane and was hit by another vehicle. Plaintiffs contention that MTA’s construction activities along Second…