PASSARO v. CITY OF NEWBURGH


272 A.D.2d 385 (2000)

707 N.Y.S.2d 224

NICHOLAS PASSARO, an Infant, by His Parent and Natural Guardian, PHIL PASSARO, et al., Respondents, v. CITY OF NEWBURGH, Appellant, WARREN CRAIG, Respondent, et al., Defendants.

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

Decided May 8, 2000.


Ordered that the judgment is reversed insofar as appealed from, on the law, with one bill of costs, the motion for judgment as a matter of law is granted, the complaint is dismissed insofar as asserted against the appellant, and a new trial is granted only on the issue of the apportionment of fault as between the defendant Warren Craig and the injured plaintiff.

The infant plaintiff sustained injuries after he fell while riding his bike over an area in the sidewalk...

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