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WARSHAK v. CITY OF NEW YORK

Index No. 155256/16. Appeal No. 14826. Case No. 2021-01398.

200 A.D.3d 548 (2021)

155 N.Y.S.3d 324

2021 NY Slip Op 06974

David Warshak, Appellant, v. City of New York et al., Respondents.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Sim & Depaola, LLP, Bayside ( Sang J. Sim of counsel), for appellant.

London Fischer LLP, New York ( Amy Pimer of counsel), for respondents.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

This action arises from plaintiff's trip and fall over a median barrier while crossing Broadway at West 61st Street in Manhattan. The City established prima facie that it adequately designed, constructed and maintained its roadway in a reasonably safe condition, including the mall and barrier at issue (see Chunhye Kang-Kim v City of New York, 29 A.D.3d 57, 59 [1st Dept 2006]; Carlebach...

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