Caramanno v. City of New York

OPINION OF THE COURT

Phyllis Orlikoff Flug, J.

Defendants, the City of New York (hereinafter City) and the New York City Department of Sanitation (hereinafter DOS), move inter alia for summary judgment, dismissing plaintiffs’ complaint as asserted against them.

This is an action to recover damages sustained by plaintiffs when their vehicle, a Sakai SW700 steamroller, was destroyed at the junkyard owned and operated by defendant, Sims Metal *1078Management, located at 3027 Greenpoint Avenue, in the County of Queens, City and State of New York.

Prior to its removal, plaintiffs used the roller to perform…