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MARCHESE, JR. v. QUEENS BOULEVARD EXTENDED CARE FACILITY CORP.

283 A.D.2d 406 (2001)

724 N.Y.S.2d 460

PHILIP J. MARCHESE, JR., Respondent, v. QUEENS BOULEVARD EXTENDED CARE FACILITY CORP., Defendant and Third-Party Plaintiff-Appellant-Respondent. R & A CONSTRUCTION CORP., Third-Party Defendant-Appellant. (And Another Title.)

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

Decided May 7, 2001.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff was allegedly injured when a bicycle he was riding in his parents' driveway struck a piece of concrete the size of a football and he was thrown to the ground. The plaintiff did not see what he struck, due to darkness. However, his mother, who arrived at the scene of the accident shortly after it occurred, saw a piece of concrete near the plaintiff and his bicycle. The plaintiff thereafter commenced...

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