FATTORUSSO v. CITY OF NEW YORK


173 A.D.2d 768 (1991)

Anthony Fattorusso et al., Respondents, v. City of New York et al., Appellants

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

May 31, 1991


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is denied, and the complaint is dismissed.

The infant plaintiff Anthony Fattorusso was allegedly injured when he was thrown from his bicycle after striking a metal pipe cap which protruded from the ground. The accident occurred on a concrete pathway which was located between a schoolyard and a public playground. The pathway was used to travel between two city streets and was also used...

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