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CAMACHO v. CITY OF NEW YORK

16601, 302414/09, 83721/10, 84096/11

135 A.D.3d 482 (2016)

24 N.Y.S.3d 238

2016 NY Slip Op 00102

ELBA CAMACHO, Appellant, v. CITY OF NEW YORK et al., Defendants, and CON EDISON, INC., et al., Respondents. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff-Respondent, v. HALLEN CONSTRUCTION CO., INC., Third-Party Defendant-Respondent. HALLEN CONSTRUCTION COMPANY, INC., Sued Herein as HALLEN CONSTRUCTION CO., INC., Fourth-Party Plaintiff-Respondent, v. NEW YORK PAVING, INC., Fourth-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2016.

By demonstrating that the area where plaintiff fell was outside the area where they and their contractor, fourth-party defendant New York Paving, Inc., performed work, defendants Con Edison and Hallen (defendants) established prima facie that they did not cause or create the defective condition in the sidewalk (see Levine v City of New York, 101 A.D.3d 419 [1st Dept 2012]; Jones v Consolidated...

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