Dilluvio v. City of New York

Saxe, J. (dissenting).

Beaver Concrete Construction Co., Inc.

(Beaver Concrete), plaintiff’s employer, was renovating a bridge on the Pelham Parkway exit of the northbound side of the Hutchinson River Parkway, pursuant to a contract with defendant City of New York (the City). The contract required the removal of the concrete decking, and replacement of the steel beams and deck. On the night of the accident, Beaver Concrete was in the process of chopping a concrete sidewalk and preparing to remove the resulting debris. As part of the work, a portion of the roadway was to be closed and, to that…