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BAYNES v. CITY OF NEW YORK

4168, 102392/05.

81 A.D.3d 423 (2011)

916 N.Y.S.2d 58

ELIZABETH BAYNES, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 1, 2011.

Plaintiff alleges that at the time of her accident, she was crossing the street with the assistance of a walker/shopping cart which became stuck in the subject gravel, causing her to fall. In preparation for repaving, the street had recently been milled by defendant Columbus Construction Corp., leaving an irregular, striated surface. Columbus had been hired by defendant City of New York to perform the milling work.

Dismissal...

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