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CUCCIA v. CITY OF NEW YORK

22 A.D.3d 516 (2005)

801 N.Y.S.2d 771

ROSEMARY CUCCIA, Appellant, v. CITY OF NEW YORK, Respondent.

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

October 11, 2005.

Ordered that the order is affirmed, with costs.

In her notice of claim the plaintiff alleged that she "was injured when she tripped and fell over the stump or remnant of a metal traffic control device ... in the sidewalk." As stated by the Court of Appeals in the case of Katz v City of New York (87 N.Y.2d 241, 243 [1995]): "Administrative Code of the City of New York § 7-201 (c) limits the City's duty of care over municipal...

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