In Hunter v. Perez Interboro Asphalt Co. (237 AD2d 214, 655 N.Y.S.2d 482 [1st Dept 1997]), the plaintiff was injured when a timber curb that was part of a wooden construction barricade rolled onto her foot while she was on the sidewalk. The engineering inspection contractor had a contract with the city in which its duties including monitoring the work site "so as to provide a safe environment for both workers and the general public." Id at 215. The contract also provided mat the engineering company "check the erection of structures necessary to protect the public during the construction operations." Id Due to the language in the contract, the Court denied the engineering contractor summary judgment, stating that "it is reasonable to conclude that the inspections to be performed by the contractor were not only for the purely commercial purpose of ensuring compliance with the requirements of the contract, but also for the broader purpose of ensuring the safety of the public." Id The Court also concluded it was reasonable for pedestrians to expect that the contractor would have a duty to keep the construction site safe, as per the contract.