In Hernandez v. City of New York , Carmen Hernandez sued Consolidated Edison Company (ConEd), City Wide Asphalt Paving Company -- and other parties -- after she was injured in a slip and fall while traversing a West 189th Street crosswalk.
When the New York County Civil Court dismissed her case against ConEd and Asphalt, Hernandez appealed to the Appellate Term, First Department.
Although the defendants had excavated and undertaken road work in the area several months' before the incident, the AT1 was of the view Hernandez failed to produce evidence linking the defendants' activities to the place where she sustained her injury.
In other words, Hernandez should have stepped it up.
To download a copy of the Appellate Term's decision, please use this link: Hernandez v. City of New York