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OCELLO v. CITY OF NEW YORK

2019-05126. Index No. 10140/14.

194 A.D.3d 828 (2021)

143 N.Y.S.3d 886

2021 NY Slip Op 03042

Carlo Ocello, Appellant, v. City of New York et al., Respondents.

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

Decided May 12, 2021.

Attorney(s) appearing for the Case

Krenstel & Guzman, LLP, New York, NY ( Marcia K. Raicus of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Claude S. Platton , Susan Paulson , and Karlynne Fequiere of counsel), for respondent City of New York.

Gallo Vitucci Klar LLP, New York, NY ( Jessica A. Clark of counsel), for respondent Perfetto Contracting, Inc.

Rivera, J.P., Barros, Christopher and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

On May 17, 2014, at approximately 1:00 p.m., the plaintiff was crossing Wiman Avenue at its intersection with Russell Street in Staten Island, when his foot became stuck in a hole in the street, causing him to trip and fall and sustain injuries. Prior to the plaintiff's accident, the City of New York awarded a contract to Perfetto Contracting, Inc. (hereinafter Perfetto),

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