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JANNICELLI v. CITY OF SCHENECTADY

512002.

90 A.D.3d 1206 (2011)

933 N.Y.S.2d 917

2011 NY Slip Op 8876

JOSEPH JANNICELLI, Respondent, v. CITY OF SCHENECTADY, Appellant.

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

Decided December 8, 2011.

ROSE, J.

Plaintiff commenced this negligence action to recover for injuries he suffered when he fell after stepping in a hole in the ground covered with grass clippings on a median on the street where he resides. Plaintiff alleged, among other things, that defendant negligently and carelessly caused the hole to be obscured by leaving it covered with grass clippings after mowing the median. When defendant moved for summary...

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