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HUNTER v. PEREZ INTERBORO ASPHALT CO., INC.

237 A.D.2d 214 (1997)

655 N.Y.S.2d 482

Jacqueline Hunter et al., Appellants, v. Perez Interboro Asphalt Company, Incorporated, Respondent, et al., Defendants. (And a Third-Party Action.) Jacqueline Hunter et al., Respondents-Appellants, v. City of New York, Defendant, Perez Interboro Asphalt Company, Incorporated, Respondent, and Goodkind & O'Dea, Inc., Appellant-Respondent. (And a Third-Party Action.)

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

March 27, 1997

Plaintiff Jacqueline Hunter was injured when a truck struck a timber curb that formed part of a wooden construction barricade. The timber was allegedly protruding three or four feet into the lane of traffic, was not affixed to two other timbers comprising the triangular barricade and was not pinned to the roadway or any other structure. As a result, it rolled over onto Mrs. Hunter's foot as she was standing on the sidewalk at the...

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