Summary Judgment–Kings County

9/11/2007
DiPietro v. City of New York v. Harris Water Main & Sewer et al.
In DiPietro, plaintiff was allegedly injured when the vehicle he was driving hit a depression in the roadway in Brooklyn, New York. The City of New York was the named defendant in the case and filed a third-party complaint against our client, Harris Water Main and Sewer. Peter LoPalo moved for summary judgment arguing that the road work performed by our client was not done in the vicinity of the depression, which was specifically described in plaintiff’s Notice of Claim, and that the work done by the client was completed many years prior to the day of the accident. The court agreed and dismissed all claims and cross-claims against Harris Water Main and Sewer.