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BISULCO v. CITY OF NEW YORK

186 A.D.2d 84 (1992)

Jason Bisulco, an Infant, by His Mother and Natural Guardian, Miriam Bisulco, et al., Respondents, v. City of New York, Appellant, et al., Defendants

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

September 29, 1992

On May 24, 1986, nine year old Jason Bisulco fell on a Manhattan sidewalk and sustained a fracture of his right leg. Plaintiffs alleged, inter alia, that Jason fell against a 5-inch metal post which was protruding from the sidewalk and which had been left when the City removed the sign.

The City moved to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7) or, in the alternative, for summary judgment dismissing the action pursuant to...

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