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MARTIN v. CITY OF NEW YORK

Index No. 21207/18. Appeal No. 12318. Case No. 2020-00287.

191 A.D.3d 152 (2020)

2020 NY Slip Op 07503

NICHOLAS MARTIN, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Rheingold, Giuffra, Ruffo & Plotkin LLP, New York City ( Jeremy A. Hellman and Thomas P. Giuffra of counsel, for appellant.

James E. Johnson , Corporation Counsel, New York City ( Eric Lee and Devin Slack of counsel), for respondent.

FRIEDMAN, J.P., OING and MENDEZ, JJ., concur.

OPINION OF THE COURT

Plaintiff alleges that on January 17, 2017, he sustained personal injuries when he fell on the roadway at Seward Avenue in the Bronx. It is uncontroverted that defendant City of New York owned and maintained the accident location. Although plaintiff does not dispute that the City did not receive prior written...

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