Guzman v. The City of New York and Carlo Lizza & Sons Paving, Inc. New York County, Successful Summary Judgment 2019

Aigul E. Sarvarova was successful in obtaining summary judgement in the case of  Guzman v. The City of New York and Carlo Lizza & Sons Paving, Inc. New York County.
The plaintiff, a 55-year old female, alleged that she was caused to trip and fall while walking over a recently milled crosswalk in downtown Manhattan.  Carlo Lizza & Sons Paving, Inc. had milled the roadway several weeks prior to the accident in preparation for the resurfacing of the roadway with new asphalt by the City.  Plaintiff alleged that defendants each were negligent in creating a dangerous condition causing her injuries and failing to warn or provide safeguards at the time of the accident.  Plaintiff testified that her accident occurred in the daytime and she had no problem seeing as she was looking ahead while crossing the milled roadway. Both defendants moved separately for summary judgment dismissing the complaint.  In granting the respective defendants’ motions for summary judgment, J Lebovits held inter alia that the evidence showed that the milling of the roadway on which the plaintiff fell was open and obvious and that the plaintiff failed to provide any evidence creating a question of fact.  Furthermore, with respect to the City, the Court found that the City could not be sued in the absence of a prior written notice of a defective condition.