Legal Opinion

Sainval v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 2008Published

1Opinion of the Court

The plaintiff alleged that on August 5, 1995 he sustained seri*509ous injuries when the vehicle he was operating struck a large pothole on Jefferson Avenue near Ralph Avenue in Brooklyn. After joinder of issue, the defendants Brooklyn Union Gas Company (hereinafter Brooklyn Union) and S. DiFazio & Sons Construction Company (hereinafter DiFazio) separately moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. In an order dated October 29, 2002 (hereinafter the 2002 order), the Supreme Court (1) marked Brooklyn Union’s motion “off” the calendar…

2Cases cited6 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  3. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  4. Barbieri v. Bridge Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Sandhu v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006

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