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BERKELEY v. RENSSELAER POLYTECHNIC INSTITUTE

289 A.D.2d 690 (2001)

733 N.Y.S.2d 537

DAVID J. BERKELEY, Appellant, v. RENSSELAER POLYTECHNIC INSTITUTE et al., Respondents.

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

Decided December 6, 2001.

Cardona, P. J.

Plaintiff commenced this action to recover damages for injuries he sustained when, on November 20, 1992, a bank of freestanding metal lockers fell on him at the 87 Gymnasium located on the campus of defendant Rensselaer Polytechnic Institute (hereinafter RPI) in the City of Troy, Rensselaer County.1 The row of eight metal lockers were approximately six feet tall and placed against a wall in a corner near the basketball court...

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