GARCIA v. NORTHCREST APARTMENTS CORP.


24 A.D.3d 208 (2005)

806 N.Y.S.2d 44

EDWARD GARCIA, Appellant, v. NORTHCREST APARTMENTS CORP. et al., Respondents, et al., Defendant.

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

December 13, 2005.


Plaintiff was injured while, in the course of his employment as a police officer, he gave chase to a suspect who scaled a 10-foot-high chain-link fence located atop a 10-foot-high retaining wall in the rear of the yard owned by Ibrahim. Plaintiff followed the suspect; however, when he reached the top of the fence, one of the three supporting poles snapped, causing him to fall to the ground...

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