MYLES GONZALEZ, plf-ap, v. THE CITY OF NEW YORK, def-res

3362-3362A. MYLES GONZALEZ, plf-ap, v. THE CITY OF NEW YORK, def-res — THE CITY OF NEW YORK, Third-Party plf-res, v. HALCYON CONSTRUCTION CORP., Third-Party def-res — Pollack, Pollack, Isaac, & DeCicco, New York (Brian J. Isaac of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman and Diana Lawless of counsel), for the City of New York, res — McGaw, Alventosa & Zajac, Jericho (Andrew Zajac of counsel), for Halcyon Construction Corp., res — Judgment, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered July 17, 2015, in favor of defendant and third-party defendant, unamimously reversed, on the law, without costs, plaintiff's motion to set aside an order that had granted the motion of defendant the City of New York and third-party defendant Halcyon Construction Corp. for a directed verdict granted, the judgment vacated, the complaint and third-party complaint reinstated, and the matter remitted for a new trial. Appeal from order, same court and Justice, entered June 22, 2015, which denied plaintiff's motion to set aside the court's decision granting the City's motion for a directed verdict, unanimously dismissed, without costs, as academic.

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3362-3362A. MYLES GONZALEZ, plf-ap, v. THE CITY OF NEW YORK, def-res — THE CITY OF NEW YORK, Third-Party plf-res, v. HALCYON CONSTRUCTION CORP., Third-Party def-res — Pollack, Pollack, Isaac, & DeCicco, New York (Brian J. Isaac of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman and Diana Lawless of counsel), for the City of New York, res — McGaw, Alventosa & Zajac, Jericho (Andrew Zajac of counsel), for Halcyon Construction Corp., res — Judgment, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered July 17, 2015, in favor of defendant and third-party defendant, unamimously reversed, on the law, without costs, plaintiff’s motion to set aside an order that had granted the motion of defendant the City of New York and third-party defendant Halcyon Construction Corp. for a directed verdict granted, the judgment vacated, the complaint and third-party complaint reinstated, and the matter remitted for a new trial. Appeal from order, same court and Justice, entered June 22, 2015, which denied plaintiff’s motion to set aside the court’s decision granting the City’s motion for a directed verdict, unanimously dismissed, without costs, as academic.

In this personal injury action, plaintiff alleged that he was on foot, crossing the east side of Mansion Street at its intersection with St. Lawrence Avenue in the Bronx, when he fell into a sinkhole. Plaintiff’s theory of the case was that the City and its pavement restoration contractor, third-party defendant Halcyon Construction Corp., performed work that resulted in the creation of the sinkhole in which plaintiff fell.

MYLES GONZALEZ, plf-ap, v. THE CITY OF NEW YORK, def-res

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