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KUTNER v. CITY OF NEW YORK

18 A.D.3d 331 (2005)

795 N.Y.S.2d 48

LYNN KUTNER et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and LAQUILLA CONSTRUCTION, INC., Appellant.

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

May 19, 2005.

Plaintiff alleges that her fall was caused by a hole in a pedestrian walkway beneath the FDR overpass at 23rd Street. Appellant was hired by the State Department of Transportation to reconstruct the FDR overpass between 15th and 23rd Streets. Its project manager admitted at deposition that such work also involved work on the road beneath the overpass that might have affected the walkways, namely, the installation of "drainage structures" such as sewers, catch basins and gratings...

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