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FREDERICKSON v. CITY OF NEW YORK

4214. 150859/13.

151 A.D.3d 497 (2017)

2017 NY Slip Op 04563

53 N.Y.S.3d 539

JAMES FREDERICKSON, Respondent, v. CITY OF NEW YORK, et al., Defendants, and VERIZON NEW YORK, INC., et al., Appellants.

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

Decided June 8, 2017.

The IAS court properly determined in this trip and fall action that issues of fact exist concerning whether an unevenness in the roadway surface caused by the defendants' work in the area caused plaintiff's accident (see e.g. Hutchinson v Sheridan Hill House Corp., 26 N.Y.3d 66 [2015]; Glickman v City of New York, 297 A.D.2d 220 [1st Dept 2002]). However, Verizon made an unrebutted prima...

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