ALLEN v. MATTHEWS


266 A.D.2d 782 (1999)

699 N.Y.S.2d 166

GEORGE B. ALLEN, Appellant, v. JAMES F. MATTHEWS et al., Defendants, and CITY OF BINGHAMTON, Respondent. (And a Third-Party Action.)

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

Decided November 24, 1999.


Mikoll, J. P.

Plaintiff commenced this action seeking damages for injuries sustained when he fell into a sidewalk vault in the City of Binghamton, Broome County. On the morning of October 5, 1995, as plaintiff walked along the sidewalk in front of premises at 143-145 Court Street, he noticed a large piece of plywood (approximately four feet by eight feet) on the ground in front of him. Concerned that the plywood created a dangerous condition, plaintiff picked it up...

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