Rhoda Clary v. The City of New York, Consolidated Edison Company of New York Inc., Tishman Realty & Construction Co., Inc., Joseph L Balkan Inc., and Balkan Enterprises, Inc.
Plaintiff claimed that she sustained serious personal injuries as a result of a trip and fall which occurred on May 15, 2011 in front of 22 East 14 th Street, New York, NY. Specifically, plaintiff alleged she fell “1 foot north of the southern curbline of 14 th Street” within a crosswalk. Our client, Joseph L. Balkan Inc. and Balkan Enterprises, Inc., installed a waterline at a nearby location.
Prior to the completion of significant discovery and before plaintiff was deposed, Nicholas V. Ferrara moved to dismiss plaintiff’s claims pursuant to CPLR §3212 as our client did not perform any work at or near plaintiff’s alleged accident location. Mr. Ferrara argued that our clients were neither responsible for maintaining the roadway, nor did they perform any work within the subject cross walk where plaintiff’s accident took place. The Court agreed with our argument and dismissed all claims and cross-claims with prejudice brought against our client.