Mayfield v. City of New York

Full title: KIMBERLY MAYFIELD et al., Appellants, v. CITY OF NEW YORK et al.…

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

Date published: Jan 21, 1999

257 A.D.2d 483 (N.Y. App. Div. 1999)

682 N.Y.S.2d 848

Opinion

January 21, 1999.

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

There is no genuine issue of fact with respect to the conclusion that plaintiff Kimberly Mayfield's negligence was the sole cause of the accident that caused her injuries. However, even if a pothole had caused the accident, defendant Migoya would not be liable, as a matter of law, because it had not yet begun work in the area of the accident when it occurred ( see, Hirsch v. Schwartz Cohn, 256 N.Y. 7, 13).

Concur — Sullivan, J.P., Nardelli, Rubin and Mazzarelli, JJ.