Dicupe v. City of New York

*543The plaintiff Dushanska Dicupe and her daughter, Chantel, were struck by an automobile owned and operated by the defendant William M. Michaels (hereinafter Michaels) while standing on a traffic island on Ocean Parkway in Brooklyn. The plaintiffs commenced an action against Michaels and the City of New York and a separate action against Anthony Grace & Sons, Inc. (hereinafter Grace), who constructed the roadway. Grace moved for summary judgment dismissing the complaint as against it, which motion was supported by an affirmation of counsel, an affidavit by an assistant vice-president of the…