Bermudez v. City of New York

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered February 14, 2005, which denied the motion of defendant-appellant Acme-Skillman Concrete Co. for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as against defendant-appellant. The Clerk is directed to enter judgment accordingly.

Contrary to the motion court’s finding, the street opening permit for catch basin installation work at the intersection where plaintiff stepped into a pothole and broke her ankle, and the City’s…