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METZKER v. CITY OF NEW YORK

2015-08482, Index No. 6484/11.

139 A.D.3d 828 (2016)

31 N.Y.S.3d 175

2016 NY Slip Op 03724

JEAN A. METZKER, Respondent, v. CITY OF NEW YORK, Respondent, and JOHN SCIOLI, Appellant, et al., Defendants.

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

Decided May 11, 2016.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

On September 2, 2010, at about 8:00 a.m., the plaintiff allegedly tripped and fell on a cable on a sidewalk abutting a mixed use building in Brooklyn owned by the defendant John Scioli. One end of the cable emanated from and was still attached to the curb. The plaintiff subsequently commenced this action against Scioli and others. Scioli...

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