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MITCHELL v. CITY OF NEW YORK

29 A.D.3d 372 (2006)

815 N.Y.S.2d 55

ERIC MITCHELL, Respondent, v. CITY OF NEW YORK, Defendant, and BATTERY PARK CITY AUTHORITY et al., Appellants. (And a Third-Party Action.)

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

May 11, 2006.

Plaintiff was working as a security guard at the premises of third-party defendant New York Mercantile Exchange, located in Battery Park City, on April 30, 1999. His duties included checking all the doors around the perimeter of the building to make sure they were locked at night.

Defendant Battery Park City Parks Conservancy is the organization that maintains all the public open spaces in Battery Park City. In April 1999, a project was underway to redesign the planters...

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