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BARDI v. CITY OF NEW YORK

293 A.D.2d 505 (2002)

739 N.Y.S.2d 747

DAVID BARDI, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided April 8, 2002.

Ordered that the judgment is affirmed, with costs.

To establish a prima facie case based on circumstantial evidence, the plaintiff must show "facts and conditions from which the negligence of the defendant and the causation of the accident by that negligence may be reasonably inferred" (Schneider v Kings Highway Hosp. Ctr., 67 N.Y.2d 743, 744 [internal quotation marks omitted]). Although the plaintiff is not required to positively...

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