Quinn v. Liberty Lines Express, Inc.

Order, Supreme Court, Bronx County (Paul Victor, J.), entered on or about June 22, 2000, which, to the extent appealed from, denied the motion of defendant-appellant Yonkers Contracting Co. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Although defendant-appellant maintains that the metal plates on the Madison Avenue Bridge, to which plaintiffs attribute their injuries, were properly installed pursuant to a written directive of the New York City Department of Transportation, the evidence adduced by it in support of its motion for summary judgment, consisting of the deposition testimony of a witness with no personal knowledge respecting the installation of the metal plates at issue, was not sufficient to establish as a matter of law that such installation was effected in a non-negligent manner and in accordance with the City’s specifications. Concur — Rosenberger, J. P., Nardelli, Ellerin, Wallach and Rubin, JJ.