Legal Opinion

Carden v. City of New York

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

Decided March 8, 2011Published

1Opinion of the Court

The plaintiff driver was operating a New York City Sanitation Department vehicle during the course of his employment when the vehicle hit an unsecured metal plate in the roadway, which *819allegedly caused him to lose control of his vehicle and sustain personal injuries.

In support of their motion for summary judgment, the defendants Hallen Construction Co., Inc. (hereinafter Hallen), and Keyspan Energy Delivery N.Y.C. (hereinafter Keyspan) submitted evidence sufficient to establish, prima facie, that they did not create the alleged defect in the roadway which caused the plaintiff driver to…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
  3. Zuilkowski v. Sentry InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
  4. Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  5. Guzman v. Strab Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996

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