Murphy v. Omer Construction Co.

Order unanimously reversed on the law without costs, motions denied and complaint reinstated. Memorandum: In August 1990 defendants City of Buffalo (City) and Omer Construction Co., Inc. (Omer), entered into a contract for the reconstruction of South Park Avenue, a four-lane road consisting of two northbound lanes and two southbound lanes. During construction it became necessary for Omer to redirect both lanes of northbound traffic *965to the outside southbound lane and to direct all southbound traffic to the curbside southbound lane. To facilitate the new traffic pattern, Omer painted a double…