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ALMODOVAR v. CITY OF NEW YORK

240 A.D.2d 523 (1997)

658 N.Y.S.2d 446

Peter Almodovar, an Infant, by Gladys Guzman, as Parent and Natural Guardian, et al., Appellants, v. City of New York et al., Respondents

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

June 16, 1997

Ordered that the judgment is affirmed insofar as appealed from, with costs.

On December 30, 1990, the infant plaintiff was walking with his brother and his friend along 37th Street in Brooklyn. At one point, the infant plaintiff veered from the sidewalk and into the roadway, allegedly due to the presence of an accumulation of debris which rendered the sidewalk passable only with great difficulty. He was then struck by a vehicle driven by an unidentified motorist....

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