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BERTONE COMMISSIONING v. CITY OF NEW YORK

27 A.D.3d 222 (2006)

810 N.Y.S.2d 183

BERTONE COMMISSIONING, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK TRANSIT AUTHORITY, Respondent.

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

March 7, 2006.

On November 18, 2002, plaintiff, a 76-year-old messenger, was allegedly injured when, as he was walking in front of 73 Worth Street in Manhattan, he stepped upon a yellow metal cellar door/gate in the sidewalk and it was opened from below without warning by an unidentified person, who immediately slammed the gate shut and did not open it again. On January 31, 2003, in the mistaken belief that the City of New York owned the sidewalk gate, plaintiff served a timely notice of...

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