Mendoza v. Grace Industries Inc.

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered July 26, 2002, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff seeks damages for personal injuries sustained when his car was struck by the hydraulic arm of a backhoe as he drove north on Riverside Drive near the George Washington Bridge on the afternoon of May 8, 2000. The backhoe was standing in the shoulder of the road, engaged in the removal of roadside curbing. As plaintiff approached,…