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Bah v. NYC

NYC Fails to Establish Cause of Manhole Explosion; Summary Judgment Denied

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ADDITIONAL CASES Consolidated Edison Company of New York, Inc., Plaintiff v. Osmose Utilities Services, Inc., Defendant; Third-Party 595995/2020 The following e-filed documents, listed by NYSCEF document number (Motion 004) 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142 were read on this motion for SUMMARY JUDGMENT. DECISION + ORDER ON MOTION Plaintiff commenced this action on March 26, 2015, alleging that on November 17, 2014, he was driving his taxicab on Lexington Avenue and East 44th Street when an explosion underneath the street “caused debris, including a manhole cover, to fly up and crash into the taxi…causing the plaintiff to sustain severe, serious and permanent personal injuries” (NYSCEF Doc. No. 3 [Am. Compl. at 52]). Plaintiff alleges, as relevant here, that the City owned, maintained, operated, controlled, and repaired the street, and manhole at this location and had a duty to keep the street and manhole — including the area below ground under the manhole — free from obstructions and defects, and that its failure to do so led to the explosion causing plaintiff’s injury (Id. at

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