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ZUCKER v. CAPITELLI

No. CV 89-0463 (ADS).

749 F.Supp. 69 (1990)

Sara ZUCKER, Individually and as Administratrix of the Goods, Chattels and Credits which were of Hilla Zucker, Deceased, Plaintiff, v. Andrew CAPITELLI, an Infant over the Age of 14 Years, Individually and By his Parent or Natural Guardian, Buchanan Construction Corp., Scotty Construction Corp. and The City of New York, Defendants.

United States District Court, E.D. New York.

October 27, 1990.

Attorney(s) appearing for the Case

Henkin & Henkin, by Norman E. Henkin, of counsel, New York City, for plaintiff.

Victor Kovner by Steven Levi, of counsel, New York City, Corp. Counsel, for defendant City of New York.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

Is a municipality liable for the failure to post signs warning of the existence of a construction fence erected by private persons on private property, when the fence allegedly obstructs the view of motorists at the intersection where the accident occurred?

Since the Court declines to impose such a duty upon municipalities and, in any event, the plaintiff has failed to show that the absence of...

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