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PEDOTO v. CITY OF NEW YORK

307183/11. Appeal No. 12225. Case No. 2019-05409.

187 A.D.3d 666 (2020)

133 N.Y.S.3d 23

2020 NY Slip Op 06205

Antonio Pedoto, Plaintiff, v. City of New York, Defendant/Third-Party Plaintiff-Appellant, and Denville Line Painting, Inc., Defendant/Third-Party Defendant-Respondent.

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

Decided October 29, 2020.

Plaintiff seeks to recover for injuries he sustained when the motorcycle he was driving hit an unmarked speed bump at night. The City contracted with Denville to install thermoplastic markings on resurfaced streets in Manhattan and the Bronx.

On May 9, 2011, the City issued Denville a work order for speed bump markings and other items on Ampere Avenue, between Middletown Road and Bayshore/Outlook Avenue. The "Priority Level...

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