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CIOE v. PETROCELLI ELECTRIC CO., INC.

33 A.D.3d 377 (2006)

823 N.Y.S.2d 359

KAREN CIOE, Respondent, v. PETROCELLI ELECTRIC CO., INC., et al., Respondents, and NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

Decided October 10, 2006.

The duty to keep public sidewalks and roadways, including those adjacent to bus stops, in a reasonably safe condition and to repair any defects falls upon the municipality (Rubin v City of New York, 211 A.D.2d 417 [1995]). Plaintiff's injuries resulting from a fall over a raised area around the curb near the crosswalk is not the responsibility of the NYCTA, which did not operate, manage, control or maintain the roadway (Pantazis...

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