Ptacek v. City Wide Asphalt Paving Co.

Order, Supreme Court, New York County (Edward Lehner, J.), entered February 19, 2002, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges that he tripped and fell on a construction plate placed in the roadway by defendants, who were engaged in nearby paving projects. No one witnessed the accident and plaintiff has no recollection of the event. His account is based entirely on police investigative reports, submitted by his attorney in opposition to defendants’ postnote-of-issue motions for summary judgment.…