CARABALLO v. CITY OF YONKERS


54 A.D.3d 796 (2008)

CHRISTOPHER CARABALLO et al., Appellants, v. CITY OF YONKERS, Respondent.

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

September 16, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

On May 24, 2000, the infant plaintiff, then a 12-year-old boy, was injured when the "home made" bicycle he was riding came into contact with a pothole abutting a manhole cover on a street in the City of Yonkers. Although the plaintiff was an experienced bicyclist and was aware of the pothole, which was in a street located near his residence...

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