JONES v. CITY OF NEW YORK


32 A.D.3d 706 (2006)

821 N.Y.S.2d 548

ANDRE JONES, Respondent, v. CITY OF NEW YORK, Defendant, and 34TH STREET PARTNERSHIP, INC., Appellant.

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

September 14, 2006.


Plaintiff alleges that a pedestrian, in the process of squeezing herself between a pole and a metal garbage can, tipped the can over onto plaintiff's right foot. The garbage can, which was freestanding and weighed between 75 and 80 pounds, was one of several in the area owned by defendant 34th Street, an entity that supplements municipal services in the business improvement district in which the subject incident occurred. Plaintiff contends that the garbage can should have...

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