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ALLEYNE v. CITY OF NEW YORK

2011-02423.

89 A.D.3d 970 (2011)

933 N.Y.S.2d 348

2011 NY Slip Op 8548

OLSEN ALLEYNE, Respondent, v. CITY OF NEW YORK et al., Respondents, and ARCH DINER et al., Appellants.

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

Decided November 22, 2011.

Ordered that the order is affirmed, with costs.

After alighting from a bus, the plaintiff allegedly was injured when he stepped into a hole in the curb abutting certain real property owned by the defendants Arch Diner, John Livanos, and Kanoni, Inc. (hereinafter collectively the diner defendants). The plaintiff commenced this action to recover damages for personal injuries against the diner defendants, the City of New York, and the New York City Transit Authority...

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