HORST v. CITY OF SYRACUSE

763 CA 19-01591.

191 A.D.3d 1297 (2021)

141 N.Y.S.3d 205

2021 NY Slip Op 00708

Gregory Roy Horst, Appellant, v. City of Syracuse, Respondent.

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

Decided February 5, 2021.


Attorney(s) appearing for the Case

SUGARMAN LAW FIRM, LLP, SYRACUSE ( CORY J. SCHOONMAKER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

KRISTEN E. SMITH , CORPORATION COUNSEL, SYRACUSE ( SARAH KNICKERBOCKER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.

Memorandum: Plaintiff commenced this negligence action seeking to recover damages for injuries he sustained when he was thrown from his bicycle after riding it into a pavement cutout in a street, which was located along the curb at the base of a sidewalk ramp and was concealed at that time by a puddle. Plaintiff...

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