GOMEZ v. CITY OF NEW YORK

3628, 101525/02, 590531/09.

78 A.D.3d 482 (2010)

911 N.Y.S.2d 45

MANUEL EMILIO GOMEZ, Plaintiff, v. CITY OF NEW YORK, Defendant/Third-Party Plaintiff-Respondent. COLUMBUS CONSTRUCTION CORPORATION, Third-Party Defendant-Appellant.

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

Decided November 16, 2010.


Plaintiff was allegedly injured in August 2001 when, while walking on a public street, he tripped and fell in a hole located near the curb on the milled roadway. Plaintiff filed a timely notice of claim and commenced this action against defendant City of New York in January 2002. Approximately six years later, a request for judicial intervention was filed and a preliminary conference was held.

During the course of discovery, documents were exchanged in December 2008...

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