In Hughes v. City of New York (5 Misc 3d 1024[A] 2002 NY Slip Op 50724[U] [Sup Ct New York County 2002]) plaintiff Marion Hughes tripped and fell on the public sidewalk adjacent to a pedestrian path at Rockefeller Center. Defendant Beyer Blinder Belle Architects and Planners LLP ("BBB") had designed the subject sidewalk and path pursuant to a Consulting Agreement to provide services to a non-party, Tishman Speyer Properties, L.P. plaintiff's alleged that BBB negligently designed the sidewalk by combining paving materials in multiple colors, rendering the curb visually indistinguishable from sidewalk and the path by causing them to appear to be on the same horizontal plane. BBB moved to dismiss, or, in the alternative, for summary judgment, arguing that it did not owe any duty to plaintiff relating to its design of the sidewalk. The Court stated that under New York law, architects or builders, like manufacturers of consumer products, may be held accountable in negligence to ultimate users injured by a defective product. The Court held that an architect who prepares plans and specifications is under a duty to use that degree of care that would have been exercised by a reasonably prudent architect to make the envisioned site or structure reasonably safe for intended users. The plans must provide for a design that prevents an unreasonable risk of foreseeable harm. The architect who designs a sidewalk owes that duty of care not only to the client who commissioned the design, but to those pedestrians who foreseeably use the sidewalk for its expected, intended purpose. Simply put, BBB owed a duty of care to plaintiff Marion Hughes, because she was a foreseeable user of the sidewalk. Further, the proof submitted on this motion raised an issue as to whether the concept or execution of this polychrome designer sidewalk caused a deceptive visual pattern that concealed the curb so as to constitute a hidden hazard or trap.