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BRAINE v. CITY OF NEW YORK

276 A.D.2d 455 (2000)

713 N.Y.S.2d 754

RAYMOND BRAINE et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided October 2, 2000.

Ordered that the order is affirmed, with costs.

The plaintiff Raymond Braine, a New York City police officer, claims to have injured his right ankle while in pursuit of a perpetrator on January 3, 1998. He alleges that the injury occurred when he stepped in a hole which was obscured by debris on a lot located at 3216/18 Mermaid Avenue and allegedly owned by the City of New York. On the day of the accident, Raymond Braine filled out a line-of-duty incident report claiming...

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