WOOD v. CITY OF NEW YORK

7973, 104534/08.

98 A.D.3d 845 (2012)

950 N.Y.S.2d 373

2012 NY Slip Op 6100

JAMES WOOD et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and EAST 49TH STREET DEVELOPMENT II, LLC, et al., Appellants.

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

September 4, 2012.


Defendant 250 East Borrower and its indirect member defendant East 49th Street Development II, are the owners of property adjacent to where plaintiff allegedly sustained injury when he tripped and fell on a crack in the sidewalk and hit his head on a muni-meter installed by the City. The record establishes that defendant Ocean Avenue Construction erected a blue, wooden construction fence in connection with a construction project being performed on the owners' lot. Plaintiff...

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