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GEE v. CITY OF NEW YORK

304 A.D.2d 615 (2003)

758 N.Y.S.2d 157

CHARLES GEE et al., Appellants, v. CITY OF NEW YORK et al., Respondents, and GRACE INDUSTRIES, INC., Appellant.

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

Decided April 14, 2003.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Charles Gee was injured in a one-vehicle motorcycle accident on the northbound Gowanus Expressway, approximately 250 feet south of the Battery Tunnel toll plaza, allegedly due to an uneven and/or raised road surface between the extreme left lane and the lane to its right. The defendant Slattery Associates, Inc. (hereinafter Slattery), performed construction on the alleged accident site six years...

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