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O'Hara v. Patchogue Asphalt Co.
Citations: 220 A.D.2d 492; 632 N.Y.S.2d 176; 1995 N.Y. App. Div. LEXIS 9988
Court: Appellate Division of the Supreme Court of the State of New York; October 10, 1995; New York; State Appellate Court
In a personal injury lawsuit, plaintiffs appealed a judgment from the Supreme Court, Suffolk County, which resulted in a dismissal of their complaint in favor of the defendant, Patchogue Asphalt Co. Inc. The plaintiff, Marie O'Hara, claimed she was injured after stepping into a hole at the edge of a concrete slab adjacent to an asphalt driveway. She alleged that Patchogue failed to repair this defect during repaving work conducted two years prior to her fall or that the repair was performed negligently. Patchogue contested the existence of any defect at the time of repaving and argued it had no obligation to repair the concrete slab. The court found no evidence to suggest that Patchogue had a duty to address the defect or that its actions worsened any existing hazard, leading to the decision to grant judgment as a matter of law for the defendant. The appellate court affirmed the judgment, awarding costs to the respondents.