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ASSANTE v. CITY OF NEW YORK

173 A.D.2d 430 (1991)

Salvatore Assante et al., Appellants, v. City of New York et al., Respondents

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

May 6, 1991

Ordered that the judgment is affirmed, with costs.

In April of 1982 the plaintiff Salvatore Assante, a New York City Department of Sanitation worker, sustained injuries when the vehicle he was operating to remove accumulated snow hit an obstruction and came to an abrupt stop, propelling him forward. The only theories of liability contained in the notice of claim and complaint were that Assante was injured because the vehicle "failed to properly stop, not having proper...

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