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LOSITO v. CITY OF NEW YORK

38 A.D.3d 854 (2007)

833 N.Y.S.2d 564

BARBARA LOSITO, Respondent, et al., Plaintiff, v. CITY OF NEW YORK, Respondent, and COBAR CONSTRUCTION CORP., Appellant.

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

Decided March 27, 2007.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Barbara Losito was injured when she tripped over a two-inch metal object protruding from the roadway on Queens Boulevard at the intersection of 63rd Drive. Losito commenced this action against the City of New York and Cobar Construction Corp. (hereinafter Cobar) alleging that the latter caused or created the metal object to be imbedded in the roadway...

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