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WHAN OCK v. CITY OF NEW YORK

34 A.D.3d 542 (2006)

824 N.Y.S.2d 651

MIN WHAN OCK et al., Respondents, v. CITY OF NEW YORK, Appellant, and GRACE KOREAN PRESBYTERIAN CHURCH, Respondent.

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

Decided November 14, 2006.

Ordered that the order is reversed, on the law, with costs, the motion of the City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted, and the action against the remaining defendant is severed.

The plaintiff Min Whan Ock was injured when he tripped over several garbage bags that obstructed a pedestrian overpass within the City of New York. The City is not liable for a defect in or obstruction to...

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