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DIPIERRO v. CITY OF NEW YORK

25 A.D.3d 306 (2006)

808 N.Y.S.2d 40

JOHN L. DIPIERRO, Respondent, v. CITY OF NEW YORK, Respondent, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Defendants, and AUER'S MOVING & RIGGING, INC., Appellant.

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

January 3, 2006.

Plaintiff was injured while crossing Water Street in lower Manhattan. As he crossed the street directly in front of 55 Water Street, he felt the pavement give way underneath his foot, causing him to fall. Photographs taken the next day show a depression in the street, three feet long and one foot wide, with an eight-inch hole in the middle of it.

Five months prior, defendant Auer's, a firm specializing in hoisting and rigging...

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