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COCOZELLO v. CITY OF NEW YORK

8 A.D.3d 220 (2004)

777 N.Y.S.2d 311

LAWRENCE COCOZELLO, Respondent, v. CITY OF NEW YORK et al., Defendants, and FOREST MANOR HOMEOWNERS ASSOCIATION, INC., Appellant.

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

June 1, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly sustained injuries when he drove his vehicle into an exposed manhole on a privately-owned emergency access road. The road was owned by the defendants Anthony DiTomasso and Fred DiTomasso, and was subject to two easements in favor of the defendants A&F Realty Corp. (hereinafter A&F) and the City of New York, respectively. By a declaration of covenants, restrictions...

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