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SEYMOUR v. CITY OF NEW YORK

235 A.D.2d 470 (1997)

652 N.Y.S.2d 1009

Thomas Seymour, Appellant, v. City of New York, Respondent

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

January 21, 1997

Ordered that the judgment is affirmed, with costs.

The plaintiff was injured when the motorcycle upon which he was riding struck a New-York-City-installed, chain-link fence which had come loose from its supporting poles and collapsed onto the roadway. After the plaintiff presented his case at trial and rested, the defendant moved to dismiss the complaint on the ground that the plaintiff had failed to prove that the City...

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