Plaintiff commenced the instant negligence action for personal injuries allegedly sustained during a trip and fall accident on March 2, 2009 on the sidewalk in front of and/or adjacent to the premises located at 1307 Edward L. Grant Highway, Bronx, New York. Plaintiff commenced suit against Defendant building owner Stratford Five Realty, LLC, Defendant Consolidated Edison Company of New York, Inc., and insured NEXTG Networks of New York, Inc – three contractors who worked either on Edward L. Grant Highway or W 169th Street during the year prior to Plaintiff's accident.

On behalf of insured NEXTG Networks, Krupa Shah successfully argued on summary judgment, that Plaintiff's action against NEXTG must be dismissed as a matter of law because NEXTG (1) did not owe Plaintiff a duty in that it did not own, use, occupy, or maintain the area where Plaintiff allegedly fell; and (2) did not cause, create and/or have actual or constructive notice of the allegedly defective sidewalk which allegedly caused Plaintiff's accident. Further, Ms. Shah argued that NextG's only connection with the case and/or Plaintiff's accident is that as a cable company, NEXTG repaired its own cables on Edward L. Grant Highway in February 2009 at least 10 feet away from the location of Plaintiff's alleged accident. As a result, Plaintiff's Complaint and all cross-claims against insured NextG were dismissed.