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BROWN v. CITY OF NEW YORK

2018-12658, Index No. 7236/14.

176 A.D.3d 1159 (2019)

109 N.Y.S.3d 669

2019 NY Slip Op 07762

Frederick Brown, Respondent, v. City of New York, Defendant, and Harris Water Main & Sewer Contractors, Inc., Appellant.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, New York, NY ( Thomas A. Rhatigan of counsel), for appellant.

Pavlounis & Sfouggatakis, LLP (The Altman Law Firm, PLLC, Woodmere, NY [ Michael T. Altman ], of counsel), for respondent.

Mastro, J.P., Balkin, Iannacci and Christopher, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Harris Water Main & Sewer Contractors, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff allegedly was injured when he fell from his bicycle due to a depression in the roadway at or near certain premises located on Hart...

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