Gomez v. City of New York

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered May 23, 2014, which, insofar as appealed from as limited by the briefs, granted defendant Consolidated Edison Company of New York Inc.’s (Con Ed) and third-party defendants Nico Asphalt, Inc.’s (Nico) and Roadway Contracting, Inc.’s (Roadway) motions for summary judgment dismissing the complaint against Con Ed and denied plaintiff’s cross motion for leave to amend his bill of particulars, unanimously affirmed, without costs.

Plaintiff allegedly sustained injuries when he stepped into a hole located “immediately adjacent to”…