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SEHNERT v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 7546, 117950/06.

95 A.D.3d 463 (2012)

942 N.Y.S.2d 871

2012 NY Slip Op 3532

BARBARA SEHNERT et al., Respondents-Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, CITY OF NEW YORK, Respondent, and BROADWAY TENTH PROPERTY LLC et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2012.

Plaintiff Barbara Sehnert allegedly sustained injuries after exiting a bus and tripping and falling over a piece of metal protruding from the sidewalk. Plaintiffs contend that the piece of metal was a broken signpost that the City installed and removed. However, as they concede, they submitted no evidence that established that the piece of metal was a sign or signpost installed or removed by the City and thus failed to show that the City caused or created the alleged sidewalk...

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