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COSME v. CITY OF NEW YORK

20 A.D.3d 320 (2005)

799 N.Y.S.2d 201

DANIEL COSME, Respondent, v. CITY OF NEW YORK et al., Defendants, and JOHN P. PICONE, INC., Appellant. (And a Third-Party Action.)

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

July 14, 2005.

Plaintiff alleges that he tripped on a manhole cover located within the southern crosswalk across the Sheridan Expressway service road (which runs roughly north-south) at its intersection with Westchester Avenue (which runs roughly east-west). Defendant John P. Picone, Inc. (JPP) moved for summary judgment dismissing the complaint as against it on the ground that its evidence concerning the location where it did its work established that such work had been performed on the...

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