6/25/2007
Abram Bor v. Michael Carney, Susan Carney and KAI Construction Corp. v. Pebble Rock, Ltd., D&F Concrete, a/k/a DA Silva Corp. and Aqua Plumbing & Heating, Inc.
In Bor, plaintiff tripped and fell over “broken, uneven and scattered debris” on a sidewalk in front of 2788 E. 16th Street in Brooklyn, New York. Co-defendants Michael Carney & Susan Carney owned the subject premises; co-defendant KAI Construction Corporation was the General Contractor for the construction project that was ongoing at the time of plaintiff’s accident. Our client, Pebble Rock, Ltd., was a sub-contractor on the site. CMM moved for summary judgment arguing that plaintiff failed to identify the defective condition that caused his accident and, that Pebble Rock, Ltd. neither created a hazardous condition, nor had notice of a such a condition. The court agreed and dismissed all claims and cross claims against Pebble Rock, Ltd.