New York City Fails to Establish a Connection Between Construction Cones and Collision on Bridge

A motorist injured when a van struck his vehicle in a bridge construction zone sued the City of New York for damages. The City filed a third-party claim against the construction firm, contending that the absence of construction cones contributed to the collision. The Supreme Court, New York County granted the bridge construction firm’s request for summary judgment. When the City appealed, the Supreme Court, Appellate Division, First Department concluded that cones had been located at the scene of the incident and that the presence or absence of such cones could not be determined to have caused the collision.