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VERTSBERGER v. CITY OF NEW YORK

7 A.D.3d 697 (2004)

776 N.Y.S.2d 836

BORIS VERTSBERGER ET AL., Appellants, v. CITY OF NEW YORK ET AL., Defendants, and WELSBACH ELECTRIC CORP., Respondent.

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

May 17, 2004.

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

The plaintiff Boris Vertsberger allegedly sustained injuries when he fell after his foot became lodged in iron rods sticking up from a street light pole foundation. The injured plaintiff alleges that the dangerous condition was created during a street light installation and relocation project performed by the defendant Welsbach Electric Corp. (hereinafter Welsbach) under a contract with the defendant...

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