In the case of Mayya Yepishina v. City of New York, New York City Department of Transportation, Consolidated Edison Company of New York, Inc., C.A.C Industries, Inc., Legacy Carting Corp., Lux Builders, Inc. and National Grid USA Service Company, Inc., Bronx County Supreme Court, Index Number 28829/2020E, MMG Associate Timotei Raveica obtained summary judgment dismissing the Complaint and all claims against MMG client Legacy Carting Corp. (“Legacy”).
Plaintiff Mayya Yepishina commenced an action seeking damages arising out of a sidewalk trip and fall along Mosholu Avenue in the Bronx. Specifically, Plaintiff alleged she was caused to trip over metal plates/coverings placed on the sidewalk as part of a road work project. Plaintiff’s primary injury was a knee fracture.
MMG filed a motion for summary judgment arguing that Legacy had no connection whatsoever to any work at or near the site or adjoining premises, and did not cause or create the sidewalk defect, nor contribute to its existence. MMG further argued that the extent of Legacy’s involvement on Mosholu Avenue was a permit to deliver a 20-yard garbage container to a customer. This permit was effective 19 days after the Plaintiff’s alleged accident and delivery of the container was at a different address, approximately 289 feet south of where Plaintiff’s accident occurred.
With MMG’s motion supported by Legacy’s affidavit and a copy of Legacy’s street permit, the Court found that Legacy had established its prima facie entitlement to summary judgment. Despite the opposition to MMG’s motion arguing that the motion was premature due to limited discovery, the Court noted that the opposition failed to submit any evidentiary proof necessary to raise a question of fact in order to defeat MMG’s motion.