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OQUENDO v. CITY OF NEW YORK

238 A.D.2d 391 (1997)

657 N.Y.S.2d 351

David Oquendo, Appellant, v. City of New York, Defendant, and Samuel Luna et al., Respondents

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

April 14, 1997

Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained injuries when he tripped and fell on an uncovered natural gas vault in the public sidewalk. He brought the present action against the defendant City of New York as well as the respondents Samuel Luna and Candelaria Luna, the owners of the premises abutting the sidewalk. The case against the City was discontinued.

The motion of the respondents...

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