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GERARDI v. VERIZON N.Y., INC.

2009-02745.

66 A.D.3d 960 (2009)

888 N.Y.S.2d 136

2009 NY Slip Op 7798

RICHARD GERARDI, Respondent, v. VERIZON NEW YORK, INC., et al. Appellants.

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

Decided October 27, 2009.

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

The plaintiff's decedent allegedly was injured on June 2, 2004, when he stumbled and fell because of a defect in a public sidewalk near a pay telephone, which had been installed in 1976 by New York Telephone Company, the corporate predecessor of the defendant Verizon New York, Inc...

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