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MILLER v. PERILLO

71 A.D.2d 389 (1979)

Charles Miller, Appellant, v. Joseph Perillo et al., Defendants, and Riverbay Corp., Also Known as Co-op City, et al., Respondents

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

December 13, 1979

Attorney(s) appearing for the Case

Norman E. Frowley of counsel (Fuchsberg & Fuchsberg, attorneys), for appellant.

Nathan Cyperstein of counsel (Alvin P. Bluthman and Joel L. Friedlander with him on the brief; Gantman, Cyperstein & Peckman, attorneys), for respondents.

BIRNS, FEIN, SANDLER and SULLIVAN, JJ., concur.

KUPFERMAN, J. P.

Plaintiff-appellant was an employee of a subcontractor at the Co-op City, Bronx, construction site in 1970. While on his way to his work assignment, he was injured when a car in which he was a passenger hit a large pothole filled with construction debris in one of the site's access roads. This access road was under the control of defendants Riverbay Corp., the owner of Co-op City, and Community...

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