Permit Alone Not Sufficient to Prove Work Actually Performed (NY)

A bit of good news for construction defendants – a permit to do work does not automatically keep you in the case. In Cruz v. Keyspan, the Second Department upheld defendant Verizon’s summary judgment dismissal from the action. Verizon moved on the basis that it did not do work in the area where plaintiff fell or otherwise create the defect. Plaintiff contended that the existence of a permit issued to Verizon to open up the sidewalk near the roadway where plaintiff’s accident occurred created an issue of fact. Like a rare breath of cool, fresh air in the August heat, the trial court and the Second Department disagreed and Verizon’s summary judgment dismissal was affirmed.

The takeaway from Cruz: just because you had a permit does not mean you did the work.

Thanks to Alison Weintraub for her contribution to this post. If you have any questions, please email Paul at .