PUMA v. CITY OF NEW YORK


36 A.D.3d 517 (2007)

828 N.Y.S.2d 367

MICHAEL PUMA, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided January 23, 2007.


Plaintiff was riding his bicycle on a path maintained by defendant for that purpose when he struck a three-foot-tall steel bollard in the middle of the path. Photographs submitted by plaintiff with his bill of particulars show that the bollard was plainly visible, with reflectors affixed, and located at a point where the bicycle path intersected with a road for vehicular traffic in order to prevent motor vehicles from accessing the path. Under the circumstances, there are...

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