STASHKEVETCH v. CITY OF NEW YORK

10052-104253/08, 10052A.

106 A.D.3d 483 (2013)

965 N.Y.S.2d 96

2013 NY Slip Op 3418

JOSEPH STASHKEVETCH, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 14, 2013.


In this action for personal injuries allegedly sustained by plaintiff when his bicycle hit a depression in a grassy area, after he was diverted from the bicycle path in a city park due to cleaning activities by defendants' employees on a retaining wall, defendants moved to dismiss at the close of plaintiff's case, on the ground, first raised by the trial court, that the notice of claim was inadequate. As defendants concede, and we agree, the trial court improvidently granted...

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