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SANTANA v. CITY OF NEW YORK

56 A.D.3d 295 (2008)

868 N.Y.S.2d 13

SANDY SANTANA, Respondent, v. CITY OF NEW YORK, Appellant.

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

November 13, 2008.

Plaintiff was injured when his bicycle struck a 3½-inchhigh metal bollard sleeve protruding from a municipal park pathway without the 40-inch high bollard pole positioned in the sleeve. Contrary to defendant's contention, its motion to dismiss at trial was properly denied, because although defendant did not have prior written notice of the defective condition (see Administrative Code of City of NY § 7-201 [c] [2...

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