BALCUNS v. CITY OF NEW YORK

2008-08582.

67 A.D.3d 939 (2009)

888 N.Y.S.2d 780

2009 NY Slip Op 08768

STEVEN BALCUNS et al., Respondents, v. CITY OF NEW YORK, Respondent, and TODINO SEWER & WATER SERVICE, INC., Appellant.

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

Decided November 24, 2009.


Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiffs-respondents and the defendant-respondent, and the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

On the evening of June 12, 2005, the plaintiff Steven Balcuns (hereinafter the plaintiff) sustained personal injuries when he was thrown to the ground after the bicycle he was riding struck a...

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