Lynn v. Raytone Plumbing Specialties, Inc.
In Lynn, plaintiff allegedly tripped and fell over an uneven roadway within a crosswalk at the corner of Bay Ridge Avenue and Third Avenue in Brooklyn, New York. The allegation was that the defendants performed work in the crosswalk which created this condition.
After written discovery was exchanged and before depositions of numerous witnesses, Peter Lopalo moved for summary judgment. He was able to demonstrate through documentation maintained by our client Raytone and the City of New York that Raytone did not perform work in the subject crosswalk. Numerous parties opposed arguing that discovery was not complete. However, the Court granted our motion and dismissed all claims and cross claims against Raytone holding that the documentation was clear that Raytone had nothing to do with the area where the accident happened.