New York Partner Achieves Claim Dismissal in Appellate Court
New York partner Robert G. Macchia successfully argued an appeal on behalf of a water supply company client, resulting in a claim dismissal in New York Supreme Court Appellate Division, Second Department.
Our water maintenance client owns and operates water mains that are placed beneath local roads, with mechanics that include covered valves embedded at the surface. The Plaintiff is a bicyclist who was riding on one such road struck a pothole surrounding a water valve cover and was thrown from his bicycle, sustaining serious shoulder injuries later requiring reconstructive surgery, and later filed suit against our client.
Robert submitted evidence and testimony establishing the local municipality-owned the roadway and therefore was responsible for the maintenance, condition and repair, and further that the work performed by our water maintenance client did not cause or contribute to the condition of the roadway. After hearing oral argument, the lower court dismissed the Plaintiff’s complaint, and the Plaintiff appealed. However, the New York Appellate Division agreed with the lower court and affirmed the dismissal of this complaint.
For additional information on Litchfield Cavo LLP’s appellate practice, click here. To learn more about appellate cases involving personal injury claims in New York, please contact Robert Macchia at 212.792.9762.