Brief Description of Case:
This is an action in which plaintiff sought recovery for personal injuries allegedly sustained on September 29, 2019, when plaintiff tripped and fell upon a “public sidewalk/walkway/triangular island surrounding the manhole cover located at the northeast corner of 4th Avenue and Atlantic Avenue in the County of Kings, City and State of New York. In this action, defendant, AT&T, moved for summary judgment.
Court or Jury’s Decision and Reasoning:
Our office on behalf of defendant, AT&T, made this showing based on a sworn affidavit of the Legal Administrator of AT&T Services, who swore under penalty of perjury that the company does not own any manholes. In addition, Defendant AT&T does not lease any space within any manholes, does not maintain, service or repair any manholes, does not own any equipment placed or located in manholes, both in general, and more specifically any manhole located at or around the Northeast Corner of 4th Avenue and Atlantic Avenue in King’s County. After oral argument, the Honorable Judge Abadi, granted defendant’s, AT&T, motion for summary judgment, dismissing AT&T from this action.