TILLEM v. CABLEVISION SYSTEMS CORP.


38 A.D.3d 878 (2007)

832 N.Y.S.2d 296

DAVID L. TILLEM, Appellant, v. CABLEVISION SYSTEMS CORP. et al., Respondents, et al., Defendant.

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 costs.

The plaintiff, while riding his bicycle on July 1, 2002 allegedly was thrown to the ground when the bicycle's front wheel became entrapped in a rut on the roadway intersection. The rut was located next to an area of excavation and near a manhole in the street. As a result of being thrown from his bicycle, the plaintiff sustained personal injuries.

The plaintiff commenced this action upon learning that the City...

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