Humberto Montolio sued Negev LLC after tripping over a hole in the street adjacent to the company's property. (Apparently, Montolio was forced off the sidewalk because Con Edison was working in the area.)
And when the Bronx County Supreme Court refused to dismiss the case, Negev appealed.
Since the witness wasn't familiar with the work, and wasn't employed by the company at the time the accident occurred, the Appellate Division, First Department, agreed that the lawsuit needed to continue. (According to the AD1, in order to get the case thrown out, Negev needed to show that it hadn't made "special use" of the sidewalk.)
Someone had to be trippin'. 
To view a copy of the Appellate Division's decision, please use this link: Montolio v. Negev LLC