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CASTRO v. CITY OF NEW YORK

2010-11533.

94 A.D.3d 1032 (2012)

944 N.Y.S.2d 155

2012 NY Slip Op 3125

HENRY CASTRO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 24, 2012.

ORDERED that the order dated September 27, 2010, is affirmed insofar as appealed from, with costs.

In 2006, the plaintiff was playing softball on a cement ballfield owned by the City of New York when he allegedly tripped over a raised sewer grate, sustaining personal injuries. The plaintiff commenced this action against the City and the New York City Parks Department (hereinafter together the City), alleging negligence. At his examination before trial, the plaintiff...

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