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KELLY v. METROPOLITAN INS. CO.

110426/04, 2056.

82 A.D.3d 16 (2011)

918 N.Y.S.2d 50

RUAIRI KELLY, an Infant, by His Father and Natural Guardian, KEITH KELLY, et al., Appellants, v. METROPOLITAN INSURANCE AND ANNUITY COMPANY et al., Respondents.

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

Decided January 25, 2011.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City ( Brian J. Isaac and Michael H. Zhu of counsel), for appellants.

White & McSpedon, P.C., New York City ( Tracey Lyn Jarzombek of counsel), for Metropolitan Insurance and Annuity Company and another, respondents.

Marks O'Neill O'Brien & Courtney, P.C., Elmsford ( James M. Skelly of counsel), for Yates Restoration Group, Ltd., respondent.

Rubin, Fiorella & Friedman LLP, New York City ( Paul Kovner of counsel), for Spring Scaffolding, Inc., respondent.

MAZZARELLI, J.P., SWEENY, MOSKOWITZ and ROMÁN, JJ., concur.

OPINION OF THE COURT

MANZANET-DANIELS, J.

While riding a bicycle on the grounds of Stuyvesant Town, where he lived with his family, the infant plaintiff struck the wooden base of one of the metal poles supporting a sidewalk shed that had been temporarily erected on the property. He was propelled from his bike, and hit and slid down the metal pole, landing on a sharp, rusty cross brace and uncapped bolt securing the structure. The infant plaintiff sustained...

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