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LEVBARG v. CITY OF NEW YORK

282 A.D.2d 239 (2001)

723 N.Y.S.2d 445

DARA LEVBARG, Individually and as Administratrix of the Estate of MORRISON LEVBARG, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff-Respondent, v. FELIX CONTRACTING CORP., Third-Party Defendant-Respondent. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Second Third-Party Plaintiff-Respondent, v. CITY WIDE ASPHALT PAVING CO., INC., Second Third-Party Defendant-Respondent.

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

Decided April 10, 2001.

In the early morning hours of November 21, 1995, Morrison Levbarg, an elderly gentleman, now deceased, fell and was injured while crossing the street with his dog, mid-block, in front of 205-210 East 68th Street in Manhattan. Plaintiff, Levbarg's wife and the administratrix of his estate, home at the time, responded to a telephone call that he had been injured and found her husband leaning against a car, being held by two men. Levbarg told plaintiff that he had fallen "in...

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