Legal Opinion

Montolio v. Negev LLC

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

Decided July 21, 2011PublishedCited by 3 opinions

1Opinion of the Court

Plaintiff testified that he was injured when he tripped and fell in a depression in the street adjacent to the sidewalk in front of property owned by defendant Negev LLC. Plaintiff explained that he was forced into the street because the sidewalk abutting the property was blocked by a barricade. The record shows that Con Edison was doing gas-related work for Negev’s property, which was under development at the time.

Negev called a witness who had virtually no knowledge of the work being done on the date of the accident. He was not employed by Negev at the time of construction, did not visit…

2Cases cited5 opinions

  1. Cook v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Pueng Fung v. 20 West 37th Street Owners, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. McKenzie v. Columbus CentreAppellate Division of the Supreme Court of the State of New York · 2007
  4. Lopez v. Crotona Avenue Associates, LPAppellate Division of the Supreme Court of the State of New York · 2007
  5. Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. Zhi Eric Zhang v. ABC Corp.Appellate Division of the Supreme Court of the State of New York · 2021
  2. Powell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
  3. Powell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023

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