Court Grants Summary Judgment to Contractor and City Defendants in Highway Automobile Accident Case

In a decision dated August 3, 2017, Justice Debra A. Silber granted the summary judgment motion of our clients, Tully Construction Co., Inc. and the City of New York, dismissing the plaintiff’s complaint and all cross-claims against them. The plaintiff sought damages for personal injuries sustained in an automobile accident that occurred shortly after midnight on August 24, 2012.  After being involved in a minor two car accident, the plaintiff and another driver stopped their vehicles in the left westbound lane of the Belt Parkway and exited their vehicles. Another vehicle then struck the plaintiff’s stopped vehicle in the rear, propelling it into him. The accident occurred in the construction zone for Tully’s work, but work was not taking place at the time of the accident. In granting the motion of Tully and the City, Justice Silber found that “there is not a shred of evidence that the inactive construction site on the Belt Parkway was in any way a contributing factor to either of the accidents.”

Laurent v. Belony, et al., Index No. 3611/13 (Kings Co. Sup. Ct., Aug. 3, 2017)

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This post was written by Sander Rothchild