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MATHISSON v. CITY OF NEW YORK

304 A.D.2d 802 (2003)

757 N.Y.S.2d 867

SCOTT J. MATHISSON et al., Respondents, v. CITY OF NEW YORK et al., Respondents-Appellants, MOHAWK MILLING AND SWEEPING CORPORATION, Appellant-Respondent, et al., Defendant.

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

Decided April 28, 2003.

Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The injured plaintiff and his wife commenced the instant action after the vehicle the injured plaintiff was operating struck two raised manholes on a roadway which was under construction.

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