OCASIO v. CITY OF NEW YORK


115 A.D.2d 529 (1985)

Cornelio Ocasio et al., Appellants, v. City of New York et al., Respondents. (And Other Titles.)

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

December 9, 1985


Judgment affirmed, with one bill of costs.

Plaintiffs failed to demonstrate that defendants breached their duty of reasonable care. The bracket of the street lamp which caused the instant accident showed no visible defects, there was no notice that a defect existed, and there was no evidence of how long the defective condition existed. Plaintiffs offered no evidence as to what procedures other than those in use would have been more appropriate in preventing such an...

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