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WITTORF v. CITY OF NEW YORK

8358, 103233/06.

104 A.D.3d 584 (2013)

961 N.Y.S.2d 432

2013 NY Slip Op 2014

RHONDA WITTORF, Appellant, v. CITY OF NEW YORK, Respondent.

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

March 26, 2013.

On November 5, 2005, plaintiff and her boyfriend rode their bicycles to the entrance of the Central Park transverse road at West 65th Street, where a City Department of Transportation (DOT) crew supervisor was in the process of setting up warning cones to close off both lanes of the road to vehicular traffic before starting to repair a "special condition" in the transverse. The supervisor testified that a "special condition" was a defect "bigger than a pothole" but "less...

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