RHODES v. CITY OF NEW YORK

Nos. 5353, 14810/05, 85782/07.

88 A.D.3d 614 (2011)

931 N.Y.S.2d 595

2011 NY Slip Op 7569

DOREEN RHODES, Respondent, v. CITY OF NEW YORK et al., Defendants, and VIACOM, Formerly Known as INFINITY OUTDOOR, Appellant. VIACOM OUTDOOR, INC., Third-Party Plaintiff-Appellant, v. SHELTER EXPRESS CORP., Third-Party Defendant.

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

Decided October 27, 2011.


This action arises out of an incident in June 2004, where plaintiff allegedly fell after exiting a bus. Plaintiff testified that her foot became stuck in a hole in the sidewalk located at the bus shelter, but she did not observe anything before she fell because she was looking straight ahead. At the time of plaintiff's accident, Viacom was a party to a franchise agreement with the City to install, maintain, repair and operate bus shelters in New York City. Viacom entered...

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