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AFFENITO v. PJC 90TH STREET LLC

5 A.D.3d 243 (2004)

774 N.Y.S.2d 30

LOUIS AFFENITO, Appellant, v. PJC 90TH STREET LLC, Defendant, and VICTORY CAFÉ, Respondent.

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

March 18, 2004.

This is a personal injury action in which plaintiff Louis Affenito alleges that he sustained personal injuries as the result of an accident which occurred while he was riding his bicycle on East 90th Street at Third Avenue in New York, New York. Defendant Victory Café is located on the corner of East 90th Street and Third Avenue.

Plaintiff testified at an examination before trial conducted on June 20, 2001 that at approximately 8:30 A.M. on July 16, 2000, he...

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