Paz v. City of New York

Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered May 20, 2006, which, in an action for personal injuries allegedly caused by a defect in a crosswalk, denied plaintiffs motion to strike defendant City of New York’s answer or to preclude it from denying that its affirmative acts created the alleged defect, unanimously affirmed, without costs.

Plaintiff claims that a trench had been dug across Bruckner Boulevard, almost entirely through the length of the crosswalk at the intersection with Longwood Avenue, where plaintiff fell, and that the trench’s backfilling failed causing it to…