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MATTER OF SERAITA v. CITY OF YONKERS

292 A.D.2d 456 (2002)

740 N.Y.S.2d 72

In the Matter of MURRAY SERAITA, Respondent, v. CITY OF YONKERS, Appellant.

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

Decided March 11, 2002.

Ordered that the order is affirmed, with costs.

On May 16, 2000, the petitioner allegedly was injured when he tripped over a metal protrusion on the sidewalk. In his original notice of claim served on August 9, 2000, the petitioner alleged that as he was walking toward the curb of the sidewalk, he tripped over a protruding piece of metal which was left when "a parking information pole was removed." He further alleged that the location of the accident was the sidewalk...

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